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jmp (a)     21 August 2011

Entering name as owner in record of revenue

I am in Gujarat. I have applied for change of name as owner of the land in namuna 6 and kachi entry is made. It is not made paki for which they are giving reason that in past there was charge on this land by sales tax dept. There is no court case or dispute against sale deed which is made by bank and sale deed is registered. No objection is raised against sale by sales tax department. whether Revenue dept. can refuse to make entry pramanit (paki)only on the ground that letter of putting charge on property was there in past when property is sold and deed is registered? which are the sections to quote in reply?



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 2 Replies

niranjan (civil practice)     21 August 2011

There will be an entry of encumberance of the bank.So it is better to get clearance certt.from the b ank and put it, had there been any encumberance on the land,the bank would have objected the sale,now when kacha entry is made,you may ask talati to issue notice to bank also for mutation.If your last entry is certified then previous entry of encumberance will remain and anybody who sees your last entry and purchases that land will be misguided,so it is in your interest to remove that encumberance entry or ask your seller to get it removed if loan is paid by him.More over there is a judgment of the Hon.Gujarat HC that the entry has tobe certified on the basis of sale deed,but a note is required tobe pout that it is certified subject to previous encumberance entry,so any body could not know about the state of the land.

jmp (a)     21 August 2011

Please give name of the judgment (with citation if possible)of the Hon.Gujarat HC in which it is said that the entry has tobe certified on the basis of sale deed


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