What was the mode of payment to the seller?
3 months ago I bought a commercial property and registered on my name. I applied mutation in local Muncipal office, but the buyer objecting to mutation stating that I didn't paid total money. It's not true. After registration can he have right to stop mutation on my name? Can he file caviet petition to stop mutation?
Let me know what are my rights after registration.
Cash and online transfer
Enclose documentary evidence that full payment has been made as per sale deed
2) once registered sale deed is executed you would be absolute owner of property
3) objections would be over ruled and mutation done in your name
Once registered sale deed is executed you are absolute owner of property
mutation does not confer title to property
it is only for payment of property taxes
1. After registration of the property in your name, the seller cannot stop the mutation of the property in favour of the buyer in revenue records.
2. You will have records of the transactions of money through Bank and other means, which can be used as evidence, that you paid the entire agreed amount.
3. The seller will have no defense to stop mutation of the property.
As the sale deed has already been registered in your name, you will be deemed as the legal owner of the property.
You can approach civil court by filing a suit for declaration where in you would have to prove the sale consideration paid to the seller in order to get a decree of court stating that you are the absolute owner of the property.
Please disclose the contents of the sale deed to enable me to give you a more concrete advice and whether it was registered after payment of stamp duty or not at Sub Registrar office?
No he cannot challenge the mutation once the property is registered in your name.
If he want to stop the mutation then he have to file a case in court for stay on mutation on ground of non payment of consideration.
No even if he files it will not be maintainable. You can contest the same and if no injunction is granted you can continue with mutation
See once he has registered vide sale deed in your favor then in that case his objection is not valid.
You can file reply to objection presenting proof of payment.
contact a local lawyer and apply for mutation if seller issues any legal notice then you must reply through lawyer .
1. He can file caveat to stop mutation.
2. However, mutation cannot be withheld on the ground that buyer has not paid the complete sale consideration. If buyer has not paid the complete sale consideration then seller is free to file a suit for recovery of money or for cancellation of sale deed in the competent civil court, but the revenue authorities cannot refuse to mutate on this ground.
3. You may file a writ petition against the revenue authorities to complete mutation.
If you have mentioned all consideration amount in the sale deed than no issues if it has been showed as paid. He can't stop you registering the flat on your name in the municipal corporation.
No, caveat won't served his purpose because already registration has been happened and secondly who has the possession of the flat.
1. The consideration paid has been mentioned in the sale deed registered.
2. So, the seller has already agreed in writing that he has received the full consideration without which the sale deed could not have been registered.
3. The seller has no right to claim any further amount and/or put objection in your mutating the name before the Municipal Corporation.
4. He can not stop mutation of the property if there is a sale deed registered in your name in connection with the said property.
1. Has he acknowledged the receipt of the cash?
2. Has he acknowledged the receipt of the entire consideration which is required to be made p[art of the sale deed registered?
3. If yes, then he has no further claim in this regard.
No once the registration process is completed the property belongs to you. The mutation is a mere formality.
Mutation DOES NOT mean/synonymous with--ownership.
He cannot stop you now.
Regards
How can he stop you even. He doesn't have any rights now. Unless the deed is forged and has not been registered or the property did not belong to him.
If entire sale consideration is paid, then only the sale transaction will be completed. The recital of your deed will clearly mention that aspect.
In your case, you can go ahead and get your name mutated in the concerned records.
He cannot object for the same.
He cannot file any caveat.
Caveat has got nothing to do with the mutation process.
If he is objecting to the mutation process, you may give a reply or statement to the authorities concerned along with the documentary evidences for the payment of consideration made to the seller and get it cleared.
If you have already got the property registered to your name you may produce the details and get the issue cleared.
Once the property is registered to your name by a sale deed, then you shall be the absolute owner with clear and marketable title.
The mutation records are not title document.
You can produce the details of the transaction you have made towards the sale consideration amount to this purchase and give a reply statement accordingly and get it cleared.
Dear Sir,
If mutation is not done, does that mean title of property is not transferred from seller to buyer, even after registering the Sale Deed? – The title gets transferred to the buyer but mutation of records is always better to show the possession of property.
What Is Mutation Of Property?
The municipal body in a city keeps records of property ownership transfers to fix property tax payment liabilities. And this document is a way to ensure that. Mutation of property shows that a property has been transferred from one person to another, and it also assists authorities in fixing taxpayers' responsibility. Although not a legal document, it will be crucial if you want to sell your property in future. Mutation of property in Hindi is called Daakhil-Kharij.
How to apply for mutation of property and what does it cost? And what are the documents required for mutation of property in Delhi or Kolkata? Please note that the procedure and the required documents vary from state to state. But across India you have to file for mutation of property under these three circumstances:
Things You Should Know