• Document to document registration

We are looking to purchase an agriculture land, but the current owner doesn't hold passbooks yet as he didn't go for mutation after the purchase. Now, instead of waiting for him to go for mutation and get passbooks, can we go for the document to document registration?

In other words, going for registration based on his sale deed. Is it safe? Is it legal? Will there be a problem while I go for a mutation?

Appreciate your suggestions in doing this the right way,
Asked 7 years ago in Property Law
Religion: Hindu

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17 Answers

1) insist on mutation of land being done in name of seller 

 

2) then only purchase the land by regs sale deed 

 

3) it is not safe to purchase property wherein mutation has not been done in name of seller 

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

1. yes, lack of mutation is no defect in title and even in absence of it the seller is still good title holder of the property of it is otherwise is clear.

2. So on the basis of his title you can purchase this property and then mutate your name and there is nothing illegality in it.

3. it is safe as well but do get the papers checked by a local lawyer before purchasing it.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

No, i would not advise you to do so. 

Right way would be that you get the title from the person to whom you are giving the consideration.

Still I would advise you to once take advise from some local lawyer. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

The mutation of property to his name is essential especially since this an agricultural land.

The execution of  registered sale deed alone may not solve the entire problems.

Take a proper legal opinion from a local lawyer on this.

 

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

1) Without mutation the land title will not pass to the new owner.

2)Mutation should be entered in the revenue records. 

3) It would be better for you to take proper legal guidelines by showing complete files of your case to an advocate so that you can take a right path to handle your issues. Vague answers will not give you the exact relief. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

It is absolutely safe as ownership is decided on the basis of sale deed and not mutation records.

 

purpose of getting the land mutated in the owner's name is only for payment of property taxes and not for deciding ownership of the property.

 

 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

1) There will be no problem for you but he had not registered his property to save registration and stamp duty fees. If this is caught be registrar than you/seller may have to pay fine along with penalty.

 

2) So, try to make tripartite agreement sale deed and registered that you will not have any problem in revenue office nor outside.

 

NOTE: If you want to prepare sale deed you can prepare for you at reasonable rate after reviewing previous documents.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Seller's sale deed is enough

Put a covenant or clause in sale deed that seller will co operate for mutation of his name in passbook

Or take a POA from seller for above purpose 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Dear Client,

No complication to follow such approach if property is residential. But in agriculture land, there are rules to follow and also restriction on sale of agriculture land. So, let him first get the clearance certificate from revenue office that property is clear from any hurdles, govt. laws , encumbrance etc.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

1. Document to Document registration and mutation is possible ONLY IF , "ALL" the earlier owners are "joint & confirming signatories", in the latest Sale Deed and consequent application for mutation. Else it will be illegal and highly disputable in future.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

if the aforesaid owner doesnt have a valid title then you may also will not have valid title. you can take risk if you want.

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Stamp paper can be purchased in name of seller or purchaser 

 

not necessary it should be in name of seller only 

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

It has to be purchased in vendor name but he has to purchase it himself as stamp of his company is required.

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

It can be purchased in any one`s name of Rs. 500.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

It can be either in the name of vendee or vendor.

No legal infirmity.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

The unregistered sale agreement cannot be enforced in law.

Hence or even other wise, the stamp paper purchased on either's name who are parties to this transaction makes no difference.

It can be purchased on either of your name.

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

Thats alright 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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