• Mutation is not done

My father had purchased plots in 1981 sale deed is registered but mutations is note done , so in the govt record plots is in the name of builder , bulider can resale same plots to others .. my question is who is primarily owner & what will do for same please suggest?
Asked 4 years ago in Property Law
Religion: Hindu

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16 Answers

Mutation dies not confer title to property

2) it is only for payment of property taxes

3) your father is absolute owner of the property

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

1. Do not worry as mutation is no roof of title and it is mere presumption of title only.

2. So if you are its lawful owner then even if the builder sells this to other persons subsequently the same would be a void deed and without any legal effect.

3. However since you are now its present owner you can proceed to apply for mutation of the land in your name which does not take more than couple of months.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. IF the Sale Deed is duly Stamp Duty paid and Registered, then the Title-Ownership vests with the Purchaser of the Property. After this the Builder has no rights left in the property IRRESPECTIVE of the fact that builders name stands mutated in the Revenue Records.

2. IF "AFTER" the Sale Deed, the builder sells any property mentioned in the Sale Deed, THEN he is committing Criminal Fraud, Forgery, Misrepresentation, Cheating .... and can be criminally prosecuted in a Magistrates court, by filing proper complaint application.

3. File Civil Suit for declaration of ownership of property and also file application with the Tahsil office for proper mutation of the property in your name/s.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Builder cant resell coz the plots were sold under registered documents

A registered document is an announcement to the world that a particular property has been sold to so and so person

Mere non entry in mutation records will not affect your title and builder cannot sell your plots

Yusuf Rampurawala
Advocate, Mumbai
6881 Answers
79 Consultations

5.0 on 5.0

Your father Make application for mutation

2) request builder to give his consent for mutation of property in his name

3) enclose copy of sale deed

4) latest receipt of payment of property taxes

5) if no objections are received mutation would be done in father name

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Sir mutation is not proof of ownership it is proof of possession and for property tax so the Builder as such cannot sell the flats as the valid sale deed is in your favour. Further in case who have paid the tax of said property??

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

No he can not sell the plot to any other person. You may deposit municipal fees and taxes on the plot and can do resale.

If there is any such problem you may file a case of cheating and misappropriation under section 420 and 406 of IPC.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Yes first of all it cannot be sold on just mutation if in case it is you can take an action and under Specific relief act such sale can be cancelled.

Further now apply for mutation of the property based on the sale deed in your fathers name.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

As the sale deed is done your father is the owner.

If builder resales the flat you can go to court for declaration of title and cancellation of slae deed.

You can mutate your father's name in government record. Do it at earliest.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Your father is the owner and is having clear and marketable title over this property.

Builder cannot resell this property just because your father couldn't get this name mutated.

Mutation is not a proof of ownership.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Is mutation necessary?

Mutation is not a legal title given to the new owner. It basically means rectification in the records of the municipal authorities (in case of urban properties) and local revenue officers (in case of non-urban properties), replacing the name of the old owners of a property with that of the new owner.

The new owner, in whose favour the title and other rights passes on, must apply to the local municipal authorities for mutation of his name.

Mutation of property is recorded on the presentation of other registered documents showing evidence of transfer of property.

Mutation of property in the municipal/ revenue records is mainly for the purpose of payment of property taxes.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1. Mutation is not a document of title, it is relevant only for revenue purposes. The title to a property originates from the sale deed. So if the sale deed is executed in favour of your father then he is the title holder of the property. He should simply apply for transfer of mutation in his favour. After the sale is done it is the duty of the buyer to apply for mutation of sale.

2. Builder has no competence to sell the plots.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

If sold by builder , you can file FIR.

father is actual owner.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

The registered sale deed document in your father's name is the title document.

The seller canot sell the property already sold on the basis of the mutation records is still on his name.

Your father can apply for mutating the property to his name even now.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

If we are owner so what can I take action against developer? And the resale is happen that will.be cancelled ?

The developer cannot sell the property without the original sale deed in his favor.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

This is my response to you:

1. Send the builder a notice to appear before the authority to do the mutation;

2. If he does not then approach civil court and file a Writ against him;

3. You will have to take legal recourse otherwise the builder may create third party rights.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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