Mutation is not necessary
Division of land without mutation
Location of Land : Chickballapur, Karnataka. My mother has 3 acres of land out of total extent of 5.31 Acres in survey no 62/9A1, the remaining 2.31 Acres belongs other person(B). We bought the land in 1978 from a relative of B and till all these days we were having single RTC with both co-owners ( my mother and B) with a 3 and 2.31 acres each in same survey number. My parents have not taken Mutation during the time of purchase of land, now the copy of mutation is not available with Taluk office and they have given an endorsement saying records not available. But the mutaion number is available in RTC (MR16/78-79). In the month of June, 2018 we got the land divided by an application with survey dept and we got seperate RTC ( 62/13) and mutation(MR T10/2017-18). Now person B has seperate RTC assigned with old survey no 62/9A1 with 2.31 acres. While doing division of the land we came to know that we are short of 25 Guntas and Person B has 25 Guntas more in his share. He was enjoying excess 25 Guntas all these years. We got the corrected ATLAS ( sketch), Akarband etc with new measurements marking boundaries of 25 Guntas which we suppose to get. We have applied for hudbast and now we are wating for the boundary stones to be installed. Now the person B has filed a case in AC Court challenging ADLR proceedings as the division was carried out without our Mutation. We have submitted the endorsement that mutation records are not available and copy of the Original Sale deed to Survey Dept while doing the division process. Kindly clarify me : 1. Is mutation a must while doing a division of land. 2. Does AC court has the power to cancel the division process as it was not done without considering mutation.
Asked 7 years ago in Property Law
Religion: Hindu
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7 Answers
Thanks for your reply, Sir. I have seen an article stating that Mutation is compulsory document if one need to buy a landed property. Is the same applilcable in my case.
Asked 7 years ago
its my pleasure
Dear Sir,
My answers as follows:
1. Is mutation a must while doing a division of land.
Ans: Mutation is not a division of land but it just the change of names in revenue record.
2. Does AC court has the power to cancel the division process as it was not done without considering mutation.
Ans: Yes, but he has to take into consideration of mutation and non existence such record always in favor of you.
Is the same applilcable in my case.
Ans: Previously it was not being applying in its letter and spirit.
You may approach the survey department and the extent corrected and get the possession of excess land.
1. Sir mutation can be done at the later point though mandatory but doesn't take away right if the partition was done.
2. See if there was ownership of the land due to lapse and fail in following the procedure the AC court shall not cancel the valid division of the property at this stage.
See mutation is mandatory to show possession and pay property tax. So yes compulsory but in you case solely on ground of mutation the division of property cannot be set aside.
1. Mutation is not pertinent for division of land or partition.
2. You may approach regular court with a suit for mandatory injunction and also for declaration of title to that 25 guntas of landed proeprty to your name based on the relevant records including the revenue records.
I have seen an article stating that Mutation is compulsory document if one need to buy a landed property. Is the same applilcable in my case.
Mutation records are essential to establish or confirm the title of the seller while the seller if trying to sell his landed property in addition to other original document namely title document, parent deed, tax receipts EC etc.