ajay (busineesman) 31 May 2013

Difference between parch and mutation certi. as ror

Hi,

I have a 2 pieces of adjacent agricultural land in Rishra, West Benagal. The property was purchased by my father 15 years ago in the name of my brothers. I have the original deed and mutation certificate for both the plots. However, I have been able to locate Parcha of only one plot. Apparently, the purcha of the second plot was in someone else's name and I have been told that someone sold that plot ,without our knowledge or consent, on the basis of that Parcha.

Since my father has passed away and my brothers, in whose name the property was acquired, have no knowledge of why we did not get parcha of both the plots., I am wondering, if someone can advise me, asto, what is the true record of ownership, i.e. the parcha or the mutation certificate??

How can someone buy a plot, when the original deed is in someone else's name? I would appreciate if someone can guide me in this matter. I have talked to a few local advocates but have not found any satisfactory answer.

Thanks for your help,

Ajay

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3 Replies

Advocate Rohit (Advocate) 31 May 2013

you need to serve a legal notice to the other party though an advocate and thereafter approach the civil court for injunction and challenge the said illegal transfer of the property.

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

ajay (busineesman) 31 May 2013

Thanks Rohit,

How do I address the issue of Parcha? I am in the process of validating the deed records for the plot to validate his claim but I doubt that he has any legal documents at this stage since the latest Parcha still shows the old name.

Since he doesn't have any proof in the record of government(my assumption), is a legal recourse on the basis of oral claim necessary?

Thanks,

Ajay

Hemang (Advocate) 31 May 2013

Generally, the parties to a trasnaction intending to sale and purchase the immovable property would enter into an "agreement to sale" setting the "terms and conditions". Some time is conditioned for "sale deed" to be executed and registered. When a complete consideration is paid by the buyer, the seller would show his readiness and willingness to execute and register the Sale deed before the Registrar of assurance. The Buyer thus becomes the owner of the said property. The name of the buyer based on such sale deed is entered in to what is called Index II. It may be stated that it is advisable that the buyer applies before various revenue authorities and or city survey office to get his name mutated in the revenue record. The saller always co-operates in this regard.

However, the cases are reported where, the buyer remains sedentary and does not get the record updated. This is how the problem surfaces. Now, since you have got the sale deed and mutation entry in a particular name, approach different authorities within whose jurisdiction you are covered, and make an application to update the record. At the same time, as you have acquired a knowledge to the effect that one of the plots is sold, ask the revenue authorities under Right to Information Act, the accurate particulars in relation to trasnaction. Apply for the certified record as well.

Having undertaken such exercise, hire the services of a lawyer having adequate knowledge on property law, and ask him to serve a notice upon the person, who has committed a fraud. You are also required to file a Civil Suit challenging the fradulent trasnaction and simultaneously pray for interin injunction restraining the otherside from further selling, transfering or alineating the property. The Court would maintain the statuto in relation to property.