In 1993 we sold a plot being agricultural land in Mumbai by execution of a Indentue. The agricultural land was sold to 3 persons as Chief Promoters of proposed Co-operative Society. The indenture was registered in 1993. Till now the property is still standing on our names in the Talati records. Now in 2016 after 23 years the buyer has applied for mutation of records.
My Query is :
1. Can the mutation of records in the 7/12 extract and property card be carried out now after 23 years.
2. Can the mutation being applied for after 23 years be contested as time barred.
3. The Co-operative Society was a proposed Co-operative Society and not a registered Co-operative Society on the date of the Indenture (1993). Can the indenture be treated as non binding and invalid. Can it be contested now in the courts (Referring to 64A of Bombay Tenancy And Agricultural Lands Act 1948)
4. Assuming the buyer has resold the agricultural land to a third party can he apply for mutation on his name as he has resold the agricultural land. Can the original sellers still contest the indenture as on today to be invalid based on question no. 3
