No the stay wont be vacated till the disposal of the suit as the land ownership is in dispute and without solving that the stay cannot be vacated on mutation. So he wont be able to get the mutation done. The view taken by SC in judgement is for vacation of stay in Criminal and civil cases further in case of mutation till there is opposition of ownership it cannot be granted, further you file an application for extension of stay with the revenue court for safety and the court shall pass an order to be extend stay till disposal of the suit.
Related to mutation of land
I am the only daughter and hier of my ancestral property my father died when i was very young. My mother registered the peice of my ancestral land to his nephew without any transaction of money and without my concern ,when it came to my knowledge i filed a case against this registery and also imposed a stay on his mutation , till today his mutation has not been done, i imposed stay on his mutation on 28 july 2017and in coming july 28 it would be complete 1 year. is it so that after one year my stay will get terminated ?? and he will be able to get his mutation done? what are other ways by which i can stop him by getting his mutation on this land??
Asked 7 years ago in Property Law
Religion: Hindu
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he is not appearing in court to get his mutation done on each and every date he is absent . is it so that in case of my mothers death the land will be by default transfered to his name or his mutation will be done ?? as the sale dead has been done and this would be the reason that he is not presenting himself in court for getting his mutation done in each of the date
Asked 7 years ago
1. Mutation does not signify ownership of a property. Registration of title deed does.
2. Your mother can convey title of her share of your late father's property to her nephew and not your share in it since you are also equal share holder of your late father's property along with your mother.
3. File a declaratory suit before the Court praying for a declaration that the deed of conveyance registered by your mother conveying the title of your shale of your father's property is invalid for want of authority and also pray for a direction upon the Registrar to cancel the registration of the said Deed of conveyance.
4. If it is a permanent stay order then it will be continued. If it is for aq particular period mentioned in the order then it will have to be extended on the date of its expiry.
1. You are giving stress on the mutation only which takes place after the title of the property is transferred in some one's name by the title holder of the property which has already been done by your mother in his favour.
2. Mutation s for change of ownership in land records based on the new document in connection with the title of the said landed property.
3. Without mutating his name also he stays as the title holder of the property as per the records of the Registration Office.
4. File the declaratory suit to get the said registration of the deed of conveyance in his favour cancelled as suggested in my earlier post.
1) SC has held validity of stay woukd be of 6 months . court extending stay has to give Reasons for extending stay
2) apply to trial court for extending stay
Transfer of land in nephew name would be subject to final decision of suit filed by you
Land would not be transferred in nephew name by deafault on mother death
No the stay does not gets vacated automatically in one year.
Unless the stay is in Operation, he can't get his name mutated.
Since now you are already in the court, what happens finally depends on the order which the court passes.
hello
the registration was void and hence the stay was justified as you are also a legal heir and the property cannot be sold off without your consent. the stay granted is continuing and will not get vacated automatically unless the case is decided where the cancellation of the registry is pending. you must have challenged the mutation and the registry both and you should contest this matter.
regards
Dear Client,
Recently Hon`ble Supreme Court has held, Stay In Civil/Criminal Proceedings Not To Be Granted Beyond Six Months; Further Extension Only By Speaking Order so argue before court for need of stay to continue or press for final disposal of case.
In case of mother death, Your claim in property will not vanish, so no effect.
Mutation records are not title documents.
There is no use to get stay on mutation.
You should fight for your share in the property by filing partition suit and for cancellation of the registered transfer deed to him.
Do you want him to get his property mutated as per his desire.?
If he is not appearing before court and not being represented by any advocate then he will be set exparte which will be a situation advantageous to you.