• Mutation related query

There a land of with a registry of 7 marle(210 sq yard) , mutation of 180 sq yard but in actual the land is 235 sq yard. We want to buy that land and build a home on it. How can it be possible ?
Asked 4 years ago in Property Law
Religion: Hindu

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12 Answers

Purchaser should apply to revenue authorities for modifying the entries accordingly in the register of mutations.

 

then only buy the land and carry on construction as per sanctioned plans 

 

 

Ajay Sethi
Advocate, Mumbai
94509 Answers
7484 Consultations

5.0 on 5.0

Th e irregularity in the deed can be cured by stating this anomaly and mentioning the actual area which you are purchasing.

There is no illegality in it if you state the correct measurement in your sale deed and mutate the said area on this basis.

Devajyoti Barman
Advocate, Kolkata
22774 Answers
484 Consultations

5.0 on 5.0

You first of all verify the extent with the help of a land surveyor and the land records.

After that you may scrutinise the property title documents as well as the relevant papers related to the property.

Then you obtain a proper legal opinion befor buying the property and can buy it only when it is recommended to buy.

 

T Kalaiselvan
Advocate, Vellore
84709 Answers
2172 Consultations

5.0 on 5.0

Do you rely on the mutation records to ascertain the title to the property?

If so, please be aware of the law that the mutation records are not title to the property, therefore you may first refer the matter to a local expert lawyer on the field and proceed only if recommended.

T Kalaiselvan
Advocate, Vellore
84709 Answers
2172 Consultations

5.0 on 5.0

You can rectify the records and there is no issue in buying the same

Prashant Nayak
Advocate, Mumbai
31795 Answers
175 Consultations

4.1 on 5.0

Request the survey office to carry out detailed survey of your land so that it matches as per your sale deed 

Ajay Sethi
Advocate, Mumbai
94509 Answers
7484 Consultations

5.0 on 5.0

If everything else is clear you can buy the property but remember you will be the registered to the extent of 210 square yards only

Once you purchase the property you can file a civil suit for record of mutation since no land is available in the khasra number

Suneel Moudgil
Advocate, Panipat
2378 Answers
6 Consultations

4.8 on 5.0

Actual area will be as per sale deed. Registry is of 210 sq yrds and this much area only can be sell by present owner. No ownership of rest 25 sq yrds.

And mutation record dose not impact sale deed.

Yogendra Singh Rajawat
Advocate, Jaipur
22590 Answers
31 Consultations

4.4 on 5.0

1. IF the Land in "possession" is in excess, THEN obviously it means that there is measurement error OR somebody's else's land is inadvertently amalgamated into your land.

2. You are suggested to build your home and get it registered in local Gram Panchayat.  Worry about the actual measurements only at time of any futuristic sale.  Till then enjoy the "registry of 7 marle(210 sq yard)"

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Please check the actual property in possession and even on record. 

Mutation is always not necessary. please contact local property lawyer.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

As per mutation records You can purchase the land available in revenue records.

You can purchase 180 sq yards as per mutation records and build home on complete area which is available.

Later after some years you can file declaratory suit for claiming ownership of remaining unclaimed land. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that there has been missing land details in the mutation records.
  2. Best way to get it amended by executing a new registry with all those you were present at the time of first mutation to give their consent to it.
  3. But, as you mentioned that it can’t be changed now then I would request you to make a little enquiry about the rest land from the neighbours etc. and records the same as that would save you in future from anyone claiming that portion as theirs.
  4. Still for your information, I would like to tell you that mutation records can be amended by proper recourse of law.

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

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