you have to file suit to set aside sale of property
2) seek injunction restraining purchaser from selling the property
Property dispute
My father has purchased one property in Patna in 2005 and the property was resold by some agent in 2015. Both have mutation done and paid taxes. The other party purchased in dirt cheap prices and it was signed by some other family member of the original party. She is a women and nephew of the person from whom my father purchased the land. Now she is no more. She was gifted the land from her maternal uncle for her marriage purposes. But she married by her own will, so the family disowned her of the property. But she signed the property and somehow it has been registered also. How two mutation stands for the same land and even taxes getting paid? What can I do legally on this matter? Please advise. I would be very thankful.
Asked 3 years ago in Property Law
Religion: Hindu
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7 Answers
Who is currently in possession of the land?
Has the second buyer filed any civil suits?
There is no such thing as disowning from property. The subsequent transfree of property through sale deed or gift deed is title holder of property. The subsequent transfree of property has to submit an application to the municipal authority to delete the name of previous owner from whom property is transferred to present owner. Municipal authority will take tax without any problem, it is owner who has to take objection.
Your father had purchased the property by a registered sale deed.
Hence he becomes the absolute owner of the property.
If he has possession of the property and enjoying it, then he has to file a suit for declaration of title and interest in it.
If he is not having possession then he can claim possession and consequential permanent injunction besides title declaration.
He should not opt for cancellation of the other sale deed pertaining to the subsequent purchaser because it is not binding on him.
It's illegal and mutation is not ownership. You need to get the ownership through other deed of ownership like sale deed etc.
Dear client,
It seems like there are multiple legal issues involved in this situation, and it's important to consult with a lawyer who specializes in property law to get accurate advice.
Regarding the two mutations and payment of taxes, it's possible that the property was sold twice, and both transactions were legally registered with the government. In some cases, there may be disputes over ownership or title to a property, and it's important to review the relevant documents and deeds to understand the history of the land.
As for the second part of your question, if the woman who signed the property was disowned by her family, it's possible that they did not have the legal right to transfer ownership to someone else. However, if the property was gifted to her by her maternal uncle, it's possible that she had the legal right to sell or transfer the property as she wished.
Again, it's important to consult with a lawyer who can review the relevant documents and advise you on the best course of action. Depending on the specifics of the situation, you may be able to challenge the sale of the property or seek compensation for any losses you may have suffered.
- As per law, once a gift deed is registered , then it cannot cancelled on any ground and except court order.
- If a gift deed was registered in the name of that woman , then it cannot revoked specially after her death .
- However, if that deed is a conditional gift deed and not property was transferred to her with the execution of gift deed , then the executor can cancel the same after entering into a cancellation deed or after approaching the court of law.
- Further, she cannot be disowned by the family members and even by the executor of gift deed without a court order.
- Mutation is only for paying the taxes and not is title documents .
- Further, if this property is in the name of your father , then it cannot be cancelled on the ground of disowning of that woman.
