• To get mutation of land in Lucknow

Hello,
I had purchased a land from Ajay and done registration of property in 1994. I don't know about mutation and it is needed at that time. Now, when am trying for mutation I found many uncovered things.
Ajay had power of attorney on behalf of Mukesh. Mukesh purchased that land from Ramesh. In Government record(mutation) land is still in name of Ramesh.  
At present Ajay don't have power of attorney and Ramesh is dead. Please help me what needs to done to get that land register by my name in government record.
Asked 2 years ago in Property Law from Lucknow, Uttar Pradesh
It seems that you did not perform the due diligence test prior to purchasing the land. Had due diligence been done at the time of purchasing the land it would have unfolded all the facts which have transpired now. 

Has the sale deed been registered? If yes, you are the legal owner of this land. On the basis of sale deed apply for mutation now.
Ashish Davessar
Advocate, Jaipur
18070 Answers
447 Consultations
5.0 on 5.0
Ramesh sold the Property to Mukesh, Mukesh executed a GPA to Ajay and you have purchased from Ajay.  In this case There must be an entry of sale transaction in EC for having sold by Ramesh to Mukesh.  Similarly the entry of registered GPA also should reflect in EC for having executed a GPA in favour of Ajay.  Subsequently a Sale transaction from Ajay to you should appear in EC.  Apply for an up to date ECIn this process get the RTC and Mutation updated in the revenue records.
Girish HT
Advocate, Bangalore
21 Answers
2 Consultations
4.7 on 5.0
Mutation is the recording of a transfer of title of a property from one person to another in the revenue records. The documentation procedure to be followed and the fee payable vary from State to State. The mutation in the municipal records is for the purpose of payment of property tax, and it does not mean a legal title for the person in whose name the property has been mutated in the municipal records
.Details to be furnished with application:

>> Area in which the right has been acquired

>> Description of the right acquired

>> Name, parent's name, and address of the person from whom the right has been acquired

>> Manner in which the right has been acquired

>> Name, parent's name, and address of the person who has acquired the right

>> Date on which the right was acquired

>> Copy of document on the basis of which the mutation is sought - sale deed, Will etc

A proclamation is issued inviting objections to the proposed mutation and specifying the date, not less than 15 days from the date of the proclamation, up to which any objection to the mutation will be entertained. The Patwari submits his report in the prescribed format. The statements of the parties are recorded. The contents of the documents are matched with the recorded statements. In case no objections against the proposed mutation are received, it is sanctioned.
Ajay Sethi
Advocate, Mumbai
23153 Answers
1216 Consultations
5.0 on 5.0
if land was sold by registered sale deed  by Ramesh to Mukesh  then  copy must be in registrar office . it must have been misplaced . you have to hire services of some agent to find those papers . it is surprising that there is no mention of deal  1 in deal 2 . generally in recitals of sale deed complete history is mentioned .
Ajay Sethi
Advocate, Mumbai
23153 Answers
1216 Consultations
5.0 on 5.0
The antecedent title of a property is always mentioned in sale deed. So if Ramesh sold the land to Mukesh this fact ought to have been mentioned in the Power of Attorney which Mukesh made in favour of Ajay. It must be lying in the registrar's office. Avail the services of an agent to obtain it. Obtaining a document from the registrar office is more often than not an uphill task but with diligent efforts it can be obtained.
Ashish Davessar
Advocate, Jaipur
18070 Answers
447 Consultations
5.0 on 5.0

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