File RTI application with MRO as to why mutation of land has not been done in your name
2) obtain copy of govt order cancelling all earlier sales transactions
3) your sale would then be valid
Regarding purchase of property
Dear Sir/Madam I have been approched by a farmer and his representative to buy their ancestral farm land near Hyderabad. Farmer said he is in dire need of the money for his sisters wedding. We gave a little advance and asked them to provide necessary Mutation and Encumbrance certificates regarding the land. We went ahead and purchased the land after verifying the asked documents. Immediately we proceeded to apply for mutation to be transferred to our name. After few months of follow up with the newly appointed MRO office the officer revealed to us that the same property was earlier sold by the farmers parents to a corporate company. Few years later the government had cancelled all the transaction done by the company in this village and the next and it was all over the newspapers. The MRO office is not sure of the so called legal heir's right to sell on the land and kept our file on hold Now please help us what is our title status of the farm land?
Asked 4 years ago in Property Law
Religion: Hindu
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10 Answers
- Since , the government had cancelled the transaction done by the corporate company, hence you should trace the reasons behind the said cancellation, i.e. whether the said land has already taken by the government after paying compensation to the father of farmer , or any other reasons.
- There is also possibility , that corporate was not allowed the said land in that village.
- Better file an RTI application , in the office of MRO , to know the reasons of cancellation , and cause of refusal to mutate the said land in your name.
You need to approach the court vide civil suit for direction to the MRO to register the land in your favor.
It is always advised to obtain a proper legal opinion before buying an immovable proeprty in order to avoid such legal hassle.
Now since you have bought this property by a registered sale deed, the next step is to apply for mutation of revenue records to your name.
As you have already applied for mutation but the MRO is not willing to mutate due to some flimsy reasons or may be because his records may indicate the different name in the land records, you may issued a legal notice to MRO demanding to mutate the records in the revenue register to your name.
Let him give a reply refusing to mutate citing the reasons therein, you may file a suit seeking direction to the MRO to mutate the property to your name on the basis of the registered sale deed on your name.
Visit the following link:
https://www.lawyersclubindia.com/forum/Re-Can-Pvt-Ltd-Company-in-Maharashtra-buy-Agricultural-land-15364.asp
1. Ancestral Land CANNOT be Sold /Purchased, unless the following options have been conducted:
a) Partition of the ancestral land, via a mutually registered Partition Deed, between all the eligible family persons,
.OR.
b) Execute a registered Sale Deed, with mutual & joint signatures of "ALL" the eligible family persons, on the sale deed, mentioning them as "Confirming & Consenting Parties".
note: IF the above is not done, then the purchase deed is legally infructuous.
2. IF you feel that the Deal fulfills all the relevant legal criteria and the Form no. 6 and 7x12 extract of land is in order, THEN you can file local Civil Court application for declaration and direction to the Revenue offices, to conduct mutation /transfer entries of the land.
3. IF you feel you have been cheated by the Farmer family, THEN consider this:
a) You can file a Police FIR, requesting investigation and charge-sheet, for offences like Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person/s, supported with all relevant supporting Documents, Evidences & Witnesses.
b) IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
1. If the parents of your seller has already sold the property then your seller did not have any right too sell this anymore , even if the same was ancestral property of parents of the seller.
2. i am sure in your sale deed there is an indemnity clause in the event the seller is found to have no clear title in the property.
3. So catch hold of your seller and seek refund of your money on cancellation of the deed.
If land was sold by the father to company through registered sale deed than your purchase is illegal.
Check Govt. Order. If order was that company cannot purchase agriculture land and cancelled the sale than your title is intact.
It is important to verify that the property does not have any dues for which a buyer must check the encumbrance certificate. An encumbrance certificate provides evidence that property has no monetary and legal liabilities. The certificate can be obtained from the sub-registrar’s office where the property has been registered..
File an RTI application regarding cancellation of transaction details by govt.
Contact local Property lawyer.
1. If previous transaction with corporate was was cancelled by govt then that land was automatically comes back to previous owner that is parents of the seller.
2. Now you can provide legal heirs certificate of seller along with consent affidavit of other legal heirs to MRO for approving your file.
1. You miserably failed to conduct due diligence to ensure that title is free and marketable.
2. The cancellation of transaction done by the company subsequent to sale of property to it does not ipso facto result in cancellation of sale deed.
3. Unless the documents of chain of title are perused, nothing can be said.
