Hi , i had purchased a peace of agricultural land in1992 in a suburb of west bengal under a registered sale deed.i am the 4th purchaser with reference to the original recorded owner. Neither my seller nor the previous sellers had done mutation of the said land in the office of the land revenue. Now,when I approaced the BLRO office for mutation, it has been rejected since the 1st sale deed could not be produced by me (I am in possession of all other deeds).The 1st sale deed which I could not produce is 59years old and the same is not traceable at different registry offices. I have been in possession of the said land for over 26yrs now. plz advise me on how to get this mutation done.
1) you need the original link documents
2) if original sale deed is not available mutation cannot be done in your name
3)approach the original owner . Request him to execute deed of confirmation in favour of purchaser. Deed should be duly stamped and registered
You can file suit for declaration of title in civil court and when court declares your title on the land you can do the mutation on the basis of court judgement.
1. Non production of first and sch old deed is not mandatory to produce for recording your name in porcha.
2. So if the BLLRO has rejected your claim for recording of name then you will have to prefer an appeal before the DLRO within 30 days from the days of passing of rejection order.
3. Thereafter the recourse lies in LRRT and then to high court.
4. So there are series of legal avenues are open for you and hence there is nothing to be dejected and explore the remedies as advised above.
This is my response to you:
1. File a police complaint for the lost document;
2. Take out an advertisement in newspapers (local and national) inviting claim on the property;
3. If nobody shows up then you become the owner of the property;
4. Collect all evidences of your ownership;
5. Try to find the trace of the first owner or his legal heirs;
6. If you do find them take their Affidavit (stating you can be the sole owner and they are not);
7. Take legal help from a local lawyer.
Dear Client,
Challenge the refusal order to higher authority, possibility of missing document is normal, apply for certify of first sale deed at registrar office, if they deny due to unavailability of record, your case will be strong.
Last resort is declaration form court. Challenge the refusal order , appellant authority will order for mutation.
Sir the appeal from the BLRO order can be made to the District authority and further to tribunal.
Further you can claim relief on the ground that the document is missing and the record is not found, also if the first document is registered and its reference in the second sale is made then the same can be used.
Further the relief can also be claimed by filing a civil suit for declaration based on the available documents,.
1. Apply for certified copy of the said sale deed from the appropriate Registrar's office/ offices (including the office of the AR) to collect the evidence tat the said sale deed is not traceable anywhere.
2. On receipt of the said evidence file an application before the same BLRO for allowing the mutation.
3. If your application is rejected on the same ground, file a Writ Petition before the High Court praying for a direction upon the BLRO to mutate your name accordingly with out insisting for the copy of the said sale deed which is not traceable with the concerned Registrar/s.
In the given situation you may have to apply for mutation before the concerned authorities in writing.
Let the authorities reject your application for the said reason in writing.
Then you may file a suit for declaration of title and also for a direction against the authorities to mutate the property in your favor on the basis of the available genuine records and documentary evidences in yor possession.
You can take the assistance of an advocate in case you find any hardship in processing this.
