The sale dwed cannot be cancelled unless fraud or cheating arw proved. Mutation is nothing and cannot supplant sale deed. It only means something for the purposes of paying land revenue.
Regards
My grand father bought property 2 times from the same seller one in 1958..12decimal and other in 1968 20 decimal ....and the total area of plot was 46 decimal before purchase .......and my grandfather purchased 32 decimal but my grand father did not do mutation of 2nd purchase land.... due to survey of the land my land area changes to 27 ....and now old seller is claiming the remaining 17 decimal from 32 decimal ....they are claiming that your sale deed is cancelled and 17 dec is my land .....
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The sale dwed cannot be cancelled unless fraud or cheating arw proved. Mutation is nothing and cannot supplant sale deed. It only means something for the purposes of paying land revenue.
Regards
1. The matter can be settled /decided ONLY by filing a Civil Suit in the local Civil Court, and making the Tahsil office and the Survey dept., and the Seller, as parties to the dispute.
2. You will have to obtain court decree and directions to the Tahsil office, for setting right the land records.
I presume your grandfather purchased lamd by registered sale deed
2) seller cannot cancel sale deed unilaterally
3) your grand father should file declaratory suit that he is. absolute owner of 32 decimal of land
See without order of court deed cannot be cancelled secondly even if mutation is not done there is valid title of grand father over the property vide sale deed so they cannot take back that property.
If you have the possession of the land till date than you can file for adverse possession and produce other legal documents whatever you have as of now.
If you have valid sale deed in your hand then move for the mutation before the competent court today if not then how you can say that land belong to you.
No way, non mutation dose not effect ownership. Mutation Entries On Revenue Records Do Not Confer Title. Ownership will prove by sale deed and possession.
You apply for mutation and sale deed can cancel by court order only. Also apply to correct survey.
you can file a case of declaration declaring that your grand father is the owner of the said property and seeking stay that the seller be restrained from interferring in your peaceful possession.
1. Sale deed can be cancelled only by the civil court, not by revenue authorities.
2. If sale deed has been cancelled then there must be an order passed by the court.
3. In this scenario you can apply for a fresh survey of the land and thereafter a suit for declaration of title may be filed.
Your grandfather (if living) or his legal heirs/successors in interest can file a suit for declaring their title to the entire property they have purchased by registered sale deed.
Please remember that the land revenue records are not the title document.
Hence if there is a claim dud to non-mutation of the property to his name, it is not legally valid or maintainable.
You can challenge their claim in court of law as suggested.