• On sale deed

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 .....
Asked 6 years ago in Property Law
Religion: Muslim

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12 Answers

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 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

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 

 

 

Ajay Sethi
Advocate, Mumbai
99985 Answers
8162 Consultations

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. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You need to check whether there is any order of the court for cancellation of the sale deed

Prashant Nayak
Advocate, Mumbai
34667 Answers
249 Consultations

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.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

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.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

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.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

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.

Mohammed Mujeeb
Advocate, Hyderabad
19375 Answers
32 Consultations

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.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
90187 Answers
2506 Consultations

You should apply for mutation of land on basis of second sale deed of grandfather.

If revenue department refuse to do mutation of property then you have file suit for declaration of ownership of property on ground of sales deed of 1968.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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