jaiswal 02 May 2018

Plz solve my problem regarding mutation

I live in Singrauli, Madhya Pradesh, here i bought a plot 658 sq feet, and after registration of plot after 2 months i started construction on that and filed application for mutation to tehsildar, but patwari write on 'mouka jaanch' report that he find 3 feet foundation on plot that can be a issue of registration cost theft by buyer and said sub registrar to take remaining cost of foundation from buyer but that's not true because i started construction one month after registration... What should i do now plz help!!

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3 Replies

jaiswal 02 May 2018

And is it necessary to not to start construct on plot before mutation?

Arvind Kumar Mishra (Advocate) 02 May 2018

As per stamp act, if an instrument is not properly stamped it can't be admitted in evidence. But once it is admitted and exhibit mark is made, court has to proceed over and pass order. But along with passing order shall report the case of stamp deficiency to collector or adm who will proceed to recover stamp etc if applicable. Both are distinct proceedings. Prima facie file your sale deed as evidence and also file objection against report of patwari. Prove that you have constructed plinth after sale and your construction after sale is not liable to stamp duty. Get help of a lawyer he will assist you.
Arvind Kumar Mishra Advocate. Kushinagar. U.P.

Kumar Doab (FIN) 02 May 2018

The builder, contractor engaged by you, neighbors, CCTV footage if available, bills and payments, made by you may help you ……………

Rest approach your own very able senior LOCAL counsel of unshakable repute and integrity specializing in revenue/civil matters and having successful track record ….. and worth his/her salt …and discuss in person………….