• Mutation of tribal land to non-tribal in Jharkand.

We are living in this property since 1987. My father purchased this land that is owned by a person belongs to tribal community. There was no mutation happened at that time. We just gave money and that person signed a paper. After few years, he filed a case of extortion against my father. And my father won that case and submitted some money (basically the price of land) in the court that is ordered by the court.
After almost 30 years, is there a legal way to mutate this land to my father's name ?
Asked 5 years ago in Property Law
Religion: Hindu

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19 Answers

Yes, if you have that court order on that basis apply in the revenue department for updating mutation records. Actually that should be done by your father 30 years before itself after six months and before 1 year of the court order.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You have court order declaring your father title on the land. Use the order to apply for mutation.

And even if mutation not effected, no harm to title.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Apply for certified copy of court decree 

 

2) 

Sub-Section (1) of Section 89-A provides that –

Every Court passing –

  • Any decree or order creating, declaring, transferring, limiting or extinguishing any right, title or interest to or in immovable property in favour of any person, or

  • An order for interim attachment or attachment of immovable property or for the release of any immovable property from such property from such attachment,

shall, in accordance with the rules made in this behalf, send a copy of such decree or order together with a memorandum describing the property as far as may be practicable, in the manner required by Section 21, to the Registering Officer within the local limits of whose jurisdiction the whole or any part of immovable property comprised in such decree or order is situate, and such officer shall file the copy of the memorandum in his Book No. 1.


3) apply for mutation of property in your father name on basis of court decree 

 

 

 

 

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

Dear Sir/Madam,

You are suggested to approach the mutation officer giving that document signed by that person and also with the decree of the case. If mutation not done, file a case of declaration in the civil court. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Without seeing the decree passed by the court its very difficult on title of the proprty. 

In many states like West Bengal there is total prohibition on purchase of tribal land without the permission of local authorities. 

In your case the decision passed by the civil court can throw light on title of the property. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Those court orders are sufficient for the purpose.

File for mutation on the basis if that court orders 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

- Firstly take certified copy of the said passed order /decree by the court, whether in favour of your father or dismissal order of the case filed by that person\.

- Further submit the said order with the  proof of residence and other proofs , along with paid property tax receipt , for mutation . 

- There is online facility in Jharkhand as well. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Court order is above any act.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

If this were issue than court order had passed against your father, As you said the order is in favor of your father.


Need to check/ review the court order.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Court order has become final 

 

no appeal has been filed against court order 

 

you should get mutation of land in your name 

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

That's why the way of litigation for declaration and adverse possession is suggested. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

If it's a tribal land with a condition to be sold only to a tribal it will be difficult to mutuate

Prashant Nayak
Advocate, Mumbai
34521 Answers
249 Consultations

No, ACt should not crwate any problem 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Since your father has won the case in court, his title has been established through the decree of court of law.

Hence he can apply for mutation of his property.

T Kalaiselvan
Advocate, Vellore
89987 Answers
2493 Consultations

Since there was already a dispute before court with regard to the title on this property and your father had won the case, he has got title tothe property hence he can apply for mutation of the property without any hindrance

T Kalaiselvan
Advocate, Vellore
89987 Answers
2493 Consultations

1. Mutation is not a document of title. It is relevant only for revenue purposes.

2. If there is no sale deed executed by the seller in favour of your father then your father does not have any title to this land. Mutating it will not confer title.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

enclose certified copies of decree/order and apply for mutation. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

-  As per law, after the mutation , the new owner gets to record the property on his/her own name , and then the land revenue department become able to charge property tax from the lawful owner. Hence, mutation of property is required for government records

- Hence, mutation is not a property title document ,expect entry in revenue department for tax purposes.

- Since, your father has already declared owner from the court, hence on the ground of decree , mutation will be done . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

You can apply for mutation at revenue department on basis of court orders by which you make payment of land to seller. 

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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