Registered sale deed vs mutation record
balwinder
(Querist) 04 July 2013
This query is : Resolved
sir
there is a registered sale deed of the property for the last 50 years.
however on verifying the revenue record the area of land mentioned in revenue record(mutation) is less than the one mentioned in the registered sale deed.
Q. So does the proper registered document emphatically suffice ownership of the property for the land mentioned in registered sale deed even even if the mutation record shows it to be less? please quote the legal position
regards
AAK
(Expert) 04 July 2013
If the dispute is in connection with measurement and identification of the property the same can be referred to revenue authority for making survey. If the mutation record is wrong it can be rectified.
balwinder
(Querist) 04 July 2013
thanks for the reply.
please guide on what basis will the revenue authorities amend the record because they regard their own regard to be the final word .
so please clarify what is the settled law in such a case or
do we need to file a suit against the revenue authorities to rectify their record.
Rajendra K Goyal
(Expert) 04 July 2013
Find out the from when and how the discrepancy is occurring in the revenue record and if revenue authorities does not agree to rectify the discrepancy file a suit.
Raj Kumar Makkad
(Expert) 04 July 2013
The mutation is entered as per the actual ownership of the seller. There may be sale of excess share but the ownership shall have to be got transferred on the basis of actual share stading in the revenue record which is measured at the time of entering the mutation so there is no possibility of changes at this belated stage.
balwinder
(Querist) 05 July 2013
so the landowner should consider himself to be the title owner only for the area mentioned in revenue record and not the one mentioned in registered deed even if it is correct as per registration act
prabhakar singh
(Expert) 05 July 2013
You can not deal your problem the way your trying.
To me AkK's opinion was right.Each State has different laws rules to regulate lands.Revenue officers are entrusted with powers to deal dispute of area and boundary.
You need to inspect revenue records of period before the date of sale deed to check if area shown in sale deed confirms to those records or not.If it confirms it is okay but it does not the area shown in sale deed would be treated wrong/
Raj Kumar Makkad
(Expert) 05 July 2013
Land owner should treat himself owner only of the land duly mentioned in the revenue record and not on the basis of sale-deed in his hand.
balwinder
(Querist) 05 July 2013
thanks for the valuable advise
