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sudhi raj f (officer)     18 October 2010

Land mutation with Civil Court Decree

Respected Sir,

We are cultivating some portion of land, which is in the name of my Uncle (under Form XIV). We have asked several times to our uncle to give us our cultivated portion of land, but he is neglecting to give us. Our uncle has sold around 6000 Sq. Mtr. of land to others without informing to my father.

 In the year 2006, our uncle wanted to sell more land and we have objected the deal. Then he agreed to give us the portion of land which we are cultivating. Subsequently Sale deed was signed in Sub-Registrar indicating our share and remaining land for purchaser. In sale deed our side is indicated as “Consenting Party”.

 We have attached the sale deed for mutation, but Mutation Talathi did not consider our mutation file because “Consenting Party” can not be recorded in mutation and directed us to get the Order from Court to record your name as co-owner. We have put the appeal in Civil Court and subsequently court summons to present in court all the persons who’s named are indicated in Sale Deed. All the persons given their no objection for the suit. We have got the Court Decree in our favour to record the name in land records as Co-owner of land indicated in Sale Deed.  

 Other parties in the Sale Deed have got the mutation done and they have recorded their names in Form I & XIV as per sale deed land allotted.

 We have submitted the Court order copy for mutation of land and subsequently Mamlatdar issued notice to our uncle for any objection for mutation. Our uncle submitted his objection for mutation. Mamlatdar called for hearing the objection on following dates.

 

Hearing No.

Date

Time

 

1

20.09.2010

3.00 PM

Copy of Court Decree requested by objector and same is handover

2

11.10.2010

3.00 PM

Objector requested one week time for submitting the objection. Mamlatdar granted one week time, next hearing scheduled on 21.10.2010

3

21.10.2010

3.00 PM

 

 

I would like to know whether his objection is valid or not. If valid what we can do further. If My uncle challenged the Court Judgement, what we have to do?.

With the same Sale Deed 7 nos. purchaers have already recorded their name in Form I & XIV as per land attoted to them. Can we cancel the said sale deed, if our uncle objecting to transfer our alloted land.

Regards,

Suraj



Learning

 2 Replies

niranjan (civil practice)     18 October 2010

Primafacie your uncle cannot object to mutuation as he was one of theparties in the decree. he is estopped from objecting.

1 Like

Kamran Khan Asif (Advocate)     20 October 2010

Firstly the Civil Court can only decided the ownership question.   It has not control over the revenue proceedings and/or department.

 

Secondly your uncle's objections have no legal authencity.  They are bound to be rejected.


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