1) rely upon earlier orders passed fir cancellation of mutation in his name
2) take plea that signatures are forged , case pending in court
3) rely upon forensic lab report
Sale deed and mutation related
Opponent has executed registered sale deed and mutation on our property on 2002. Sale deed cancellation proceeding is going on in DC court.(signature fake, foresic lab report confirmed, variation in opponent certified and original copy, schedule mentioned more than our available land and lot more) and we have filed complaint in police also, land is in my posession and rent given till 2018-19 by me. DC(LR) has cancelled opponent party mutation due to fake plot numbers. Now i heard opponent party has filed a petition in DC court for fresh mutation approval. Please suggest how can i proceed to quash his petition of fresh mutation approval in DC court.
Asked 7 years ago in Property Law
Religion: Hindu
7 Answers
The court on fresh mutation application shall call for objection if it has come to your notice that he has against filed for mutation file an objection before DC on fresh application and stating grounds as the deed is cancelled and the previous mutation is cancelled. The application is illegal and fraudulent on your objection mutation shall not be done and application shall be rejected
1. The decision of DC would depend on the outcome of the declaratory suit if filed in the civil court .
2. So if the suit is pending then the DC is not likely to allow mutation.
3. However do note that mutation is not proof of title though it presumption of title. Hence even if mutation is done then also the merit of the civil suit would not be hampered .
4. So concentrate on the civil suit .
Dear Sir,
You may please approach the High Court and get a stay order on such subsequent application in respect of same issue was already disposed of on merits which is not maintainable under law.
1. From where did you hear that they have filed a fresh petition for mutating their names in connection with the said property which was once cancelled?
2. If it is a confirmed information, then write a letter to the DC (LR) requesting him not to mutate anybody's name as the title holder of the property since it is owned and possessed by you.
3. You can file a petition before the Court where hearing iof the case of registration of fake deed is going on praying for a direction upon the DC (LR) restraining him in mutating the property in favour of the said person till the case is disposed off.
You first file a suit for declaration of your title before the civil court instead of fighting this case in DC court
Cancellation of sale deed should not be your main subject, you should concentrate in declaring your title and an injunction against him from interfering in your possession and enjoyment of property other than by due process of law.
You need to contest the same afresh. File the cancellation of mutation documents in Court and Court will dismiss their Petition.
