• Land issue due to registry problems

Sir, we have an agricultural land near Indore.It was mutated under our name since 1998 by the Nayab Tehsildar using Act 90. Since then the possession of land is with us. Only the registry was not done. Now on Jan 2015, the previous owner filed a case against us in S.D.M. court for cancelling the mutation. But the result favoured us. Now, again he filed a case in upper AAYUKT (commissioner). So what should we do now? Let the case be as it is or make a case in session court. Also can we pay the registry tax to the govt as we don't have the registry.
Asked 3 years ago in Property Law from Makodiya(Saver), Madhya Pradesh
Religion: Hindu
1. Since you are in possession you have not to worry much.
2. Do remember that cancelling the mutation will not prove their titile asn mutation is not a proof of titile.
3. To claim their title on the land they will have to file case in the civil court and unless and until they do so you can breath a sigh of relief.
4. In the meantime do contest the case in Upper Aayukt.
Devajyoti Barman
Advocate, Kolkata
12802 Answers
165 Consultations

5.0 on 5.0

1) it is necessary to peruse documents cited by you 

2)it s necessary to peruse case papers of the suit filed in SDM and orders passed by court 

3) you should contest case filed in commissioner 

4)you have not mentioned why registration was not done in your name for so many years 

5) if tegistered sal deed was not executed how was land mutated in your name

6) contact a local lawyer 
Ajay Sethi
Advocate, Mumbai
45421 Answers
2668 Consultations

5.0 on 5.0

You should first of all do the registration of sale deed in your favor by the vendor executing the same.
Just appearance of name in the  revenue records will not entitle you for a marketable title to the property. 
T Kalaiselvan
Advocate, Vellore
35580 Answers
385 Consultations

5.0 on 5.0

1. Mutation has to follow registration, not precede it.

2. The previous owner sued to impeach your ownership, an attempt which did not fructify, whereupon he challenged the order before the Commissioner. So you should now contest the case before the Commissioner.

3. What would you go to Sessions court for? You have won the case in the lower court and the losing party has laid a challenge to the order before the Commissioner. So you cannot move the Sessions.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

1. Without registering the sale deed by paying the required stamp duty and registration fees, the title of the property does not get tranferred in thge name of the buyer,

2. Mutation Certificate does not determine tite of the property, registered Title Deed does,

3. Send a legal notice to the seller asking him to register the sale of the said land immediately,

4. If he refuses, file a declaratory suit praying for declaration that you bare the owner of the said land and also praying for a direction upon the registrar to register the Title Deed in your favour.
Krishna Kishore Ganguly
Advocate, Kolkata
18410 Answers
447 Consultations

5.0 on 5.0

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