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
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,
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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
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.
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
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.
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.
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.
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.
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
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.
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
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.
Also, while making the initial sale agreement, should we purchase the Rs 100 stamp paper on Vendor name or Vendee name? Is it going to be problem if we purchase it in the name of Vendor?
Stamp paper can be purchased in name of seller or purchaser
not necessary it should be in name of seller only
It has to be purchased in vendor name but he has to purchase it himself as stamp of his company is required.
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.