• Mutation of land

My parents purchased a part of land in 2000 at Sankarail Block and build a house there in 2008.We have sale deed and land registered in my mother's name but we did not do the mutation of the property .Now when we went for completion of mutation we were told that there is only 25% of our purchased land is pending in the original owners name and BL & LRO department  is  saying to do the mutation of that portion of the land.In future can we be penalize by Land department for this.
What should we do to get full share of our land in Government .
Asked 1 year ago in Property Law from Howrah, West Bengal
Religion: Sikh
1)once sale deed is executed you are absolute owner of said land 

2) mutation is for payment of property taxes . 

3) you have stated that 25 %of your  purchased  land is standing in original owners name 

4) what happened to balance 75 ?%of land . your query is not clear 

5) complete mutation of the land bought by you . no question of imposition of penalty 
Ajay Sethi
Advocate, Mumbai
25967 Answers
1414 Consultations
5.0 on 5.0
1) file RTI application to find out on whose name 75 per cent of land is mutated 

2) you are entitled for mutation of 100 per cent land in your favour 

3) you will have to move court to challenge mutation of land in favour of other persons and to cancel the said mutation 

4) your house cannot be brought down as you purchased land by regd sale deed 
Ajay Sethi
Advocate, Mumbai
25967 Answers
1414 Consultations
5.0 on 5.0
Mutation of revenue records of  the property is different to that of the land purchased under a registered sale deed and is in your possession ever since the purchase.  The land records if manipulated by some corrupt officials does not mean that you are not the owner of the property.  The authorities cannot deny permission to mutate the records on your name for some fictitious reason.  Ask them in writing to mutate and get a reply in writing after which you can approach court of law for mandatory injunction against the authorities to make the records clear for proper mutation and also for declaration. 
T Kalaiselvan
Advocate, Vellore
16337 Answers
153 Consultations
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1. This is strange. Whose name has been mutated for he balance 75% share of the land?

2. You should have conducted a search in BLRO office before purchasing the property,

3. Hope you had conducted proper registry search before buying the property,

4. Find out in whose name the balance portion of the land has been mutated and file an application before the BLRO for mutating the same in favour of your mother by attchingb the copy ofthe registered deed of the property.
Krishna Kishore Ganguly
Advocate, Kolkata
13151 Answers
280 Consultations
5.0 on 5.0
1. Find out in whose name the balance land has been mutated,

2. You can take RTI route also to get thebsaid information,

3. After that further file an application for mutating your name for the entire land,

4. If there is no response, file a Writ Petition for inaction of BLRO,

5. Local Municipality can order demolition of building/house which has been constructed without its sanction. 
Krishna Kishore Ganguly
Advocate, Kolkata
13151 Answers
280 Consultations
5.0 on 5.0
1. If the sale deed registered in favour of your mother shows her to be the owner of the entire land which she had purchased then mutation of 25% of land does not impeach her title to the remaining 75%. 

2. You can file a lawsuit against BL &LRO dept to carry out the mutation in your favour to the extent of the land purchased by you. 

3. If your mother's title is clear there is no question of imposition of fine on you. 

Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0

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