• Authenticity of mutation

I have purchased a land in 2013. I have also got it mutated in my name. Does this ensure there is no litigation or civil case of previous land owner prior to my sale deed? Or how can I ensure authenticity of my mutation?
Asked 4 years ago in Civil Law

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12 Answers

You have to seen Encumbrance Certificate for 30 years from this day and you verify the sale deed and mutation along with Khatha and also get endorsement from your property jurisdictional Sub-registrar office as well as check in jurisdictional civil court. All the best.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

4.7 on 5.0

Mutation of property does not confer title to property

2) entry in revenue records is only for payment of property taxes

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Hello,

To know that the transfer is genuine and the property is free from any encumbrance you can file a court search of your property as also a search in the registration office would be helpful to know the history of the said property.

Hope this helps.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

A mutation does not ensures that there is no litigation on the land.

Engage a lawyer and ask him to give a title report of the land, if the title report is good then the title is clear.

Also, since in India the system is not centralized mostly therefore it will not be possible to ascertain that some case is pending or not. However, a lawyer may make best effort to know about the same.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Hi, if the land has been mutated and a sale deed has been done , then it is assured that the land is free from all encumbrance and litigation ...

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

This is my response to you:

1. Once the mutation is done in your name then nothing to worry;

2. If the title of the seller was not clear then only the sale made to you is illegal in the eyes of law;

3. If you and the seller have a registered sale deed then you nothing to worry;

4. Even if any future litigation arises then you can always claim that you had no knowledge of the same and you acted in a bonafide manner therefore you should be protected.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Firslty, once you have done with the mutation then you are safe from any incumnerrance in the property.

Secondly, at the time of purchasing any property, every buyer should check the status of the property from the registrar’s office, and for any civil or criminal matter from the police station of the area by making an application for the same.

Thirdly, now also you can do that and if any thing comes out to you then you can make an application before the civil court to have been in legal possession of the property, and should not be disturbed by any how.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Dear Client,

Purchase through registered sale deed authenticates your valid title in the property.

Litigation if any have, objection would have raised in 5 years. Rest you can file RTI in court to seek documents, pertaining to any case if pending against such property.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Sir mutation is for the purpose of the paying of the property tax and it show the person in the possession of the property it does ensure the previous cases and litigation though if there is any kind of litigation and mortgage same is recorded in the records so in case the land is recorded in your name and there are no other entries meaning there by that there is no stay on the property or no litigation pending.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Mutation does not ensure that there is no pending litigation on the property.

Proper verification of sale deed, land records at Sub Registrar office, chain of ownership if title for the last 40 years and verificatiin from local court needs to be done in order to ensure that the title is a marketable one.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

You can be assured till you don't receive any Court notice about the same. Sometimes one registration office doesn't know status of other Registration Office.

Prashant Nayak
Advocate, Mumbai
27247 Answers
88 Consultations

4.4 on 5.0

The mutation of a property will not guarantee you that the property is free from litigation.

You may have to face the litigation when one appears before you even after the mutation is done on the proeprty.

The mutation records obtained from the concerned authorities will be known as authentic record.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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