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PRABIR SAHOO   25 August 2021

Mutation after winning a case

Dear Sir,

In a civil suit, Honble Civil Court has given judgment in favor of plaintiffs declaring Sale deed of the defendants as null and void  in Feb 2020. The plaintiff has not yet applied for mutation. The defendants has appealed against the judgment in next higher court, which is pending.

Whether the defendants can apply for mutation now and what will the process please ......How much time takes for a mutation.



Learning

 2 Replies

BHAVYA SOM GARG   26 August 2021

Greetings of the day.

On the basis of the problem laid out by you, I wish to tell you that for a mutation to take place, the property must be a freehold property and there must be no dispute with regards to the title and the possession of the property. Therefore, if a case is being continued with respect to the property, mutation of the property won’t be possible at this stage. But it must be noted that now, even the defendants cannot mutate the property in their name, as with their appeal, they have created a dispute on the property.

Coming to the rights of the petitioner, it must be noted that the mutation of the property is not a mandatory requirement. If the registration of the property has been done by the plaintiff, it shall serve as a valid proof of title of ownership of the property.

Generally, if no dispute is there on the title of the property, the mutation does not take much time. But if a dispute arises, the process takes a lot of time as it involves various inspections etc. It should also be noted that the mutation of the property is not a one time process; it has to be done every 6 months.

Hope it satisfies your query.

Greetings of the day.

On the basis of the problem laid out by you, I wish to tell you that for a mutation to take place, the property must be a freehold property and there must be no dispute with regards to the title and the possession of the property. Therefore, if a case is being continued with respect to the property, mutation of the property won’t be possible at this stage. But it must be noted that now, even the defendants cannot mutate the property in their name, as with their appeal, they have created a dispute on the property.

Coming to the rights of the petitioner, it must be noted that the mutation of the property is not a mandatory requirement. If the registration of the property has been done by the plaintiff, it shall serve as a valid proof of title of ownership of the property.

Generally, if no dispute is there on the title of the property, the mutation does not take much time. But if a dispute arises, the process takes a lot of time as it involves various inspections etc. It should also be noted that the mutation of the property is not a one time process; it has to be done every 6 months.

Hope it satisfies your query.

PRABIR SAHOO   26 August 2021

Madam/ Dear Sir,

Thanks for yr response.

In the instant case actually, the plantiffs are the original holder and have won the suit  in their favor. Defendants by fabricating documents executed sale deed in their favir. So Plaintiff has to apply for mutation or cancellation of the sale deed of defendants. 

Rgds


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