• No mutation record and dispute in title

Hello sir,
i had to buy a nearby property (25 cent )which has no record as per resurvey record as he hadn't done the mutation but all other documents to the title is there, since he was relocating and a farm owner was interested in buying the said property i was left with no option rather than buying,

But the issue is that the owner 2 block away of said property is also claiming title on this (as per land sale agreement he was having an extra 10 cent, but in physical possession he only have less and he too had constructed wall boundary when he had purchased 4-5 years back) ,and so the appeal i made to grant mutation was rejected as their was a legal dispute to title 

But both property ( ie the property that i purchased and disputing party property ) which earlier belonged to same family ( brother's ) and the transfer to them was in a joint will ( property which belong to two brothers was mentioned in the one agreement ) 

so in this situation what can i do, filling a suit will take atleast 8 years for the judgement,is there any other quick way for the dispute resolution
Asked 4 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

8 Answers

Mutation does not confer title to property 

 

it is only  for  payment of property taxes 

 

if there is dispute between parties and

Mutation not done  you have to take legal proceedings 

 

if you don’t want to go to court pay adjoining owner some money and arrive at an amicable settlement 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

If there is a dispute then suit is only way. If there is a chance of settlement then a common settlement deed can be executed with all the legal heirs

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

- Legally , mutation is not a title document for becoming an owner of the property. 

- You can adopt the physical measurement for executing further document in your favour and not the sell agreement .

- Try to settle the dispute amicably , if don't want to approach the court. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Approach survey office for carrying out survey of the land 

 

2) mutation would not be done by authorities in view of legal disputes between parties 

 

3) approach court to direct revenue authorities to carry out mutation of property in your name 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Any short cut method to solve this problem ill actually not solve the problem permanently.

You may have to approach court of law with a suit for declaration to declare our title.

Hence you may approach this issue with legal provisions and not be any short cut method.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You may not get the property registered to your name as you think it can be.

You may have to approach the seller to execute the registered sale deed to your name, without which no suit for declaring your title   would be maintainable. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

If he is disputing then you need to go to court under specific relief for registration. But the same will require full payment to be made. You can try your luck through interim relief in the said case

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

- You can approach the Revenue officer for the survey of the land 

- If seller is not agree for executing sale deed in your favor then file suit for specific performance before the court. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer