• Mutation of land

I purchase a sali land at Howrah under sakril BLRO west bengal. Now i given to work blro mutation at Sakrail.My total land is 1 Katta 6 chatak.but mutation done only 96Decimal and there are no vacant land not found all polt mutation done in such area. That means my rest land is now pending what are the process to recover my land. Note muncipality mutation completed,khajna updated. We are also residing there from 2007 without plan sanctioned.
Asked 1 year ago in Property Law from Howrah, West Bengal
Religion: Sikh
The matters seems complicated as in such circumstances blro mutations should not be less than actual area.
I hope municipality mutations show actual area.
Then I would advise to file appeal in lrtt.
If you could show me the papers further advice can be given.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1) mutation is only for payment of property taxes . It is not evidence of title 

2) what is area reflected in sale deed ? 

3) if as per sale deed your area is one khata and 6 Chatak you would be owner of said plot of land 

4)bombay high Court in Nalini w/o Onkar Patil v. Girdhar Kashinath Patil and Ors., reported in 2002(4) Mh.LJ. 728, after taking note of various provisions of law contained in the said Code as well as the said rules has already held that the intimation regarding the acquisition of rights in respect of immovable property worth Rs. 100/- or above must be accompanied by an appropriate document in support of such claim of acquisition of right in the property. It has been further observed therein that "It is, therefore clear that while exercising powers for mutation of entry pursuant to the request in that regard either orally or in writing by a person claiming to have acquired right as specified under Section 149 of the Code, the Talathi is required to insist and to consider the documentary evidence in support of such claim before effecting any mutation of entry when the property apparently appears to be worth Rs. 100 or more 

4) 
It is well settled law that the entries in the revenue records are basically for revenue purposes and do not by themselves constitute title to the property in favour of any person. Such entries can, undoubtedly, be corroborative piece of evidence to establish the certain rights of the parties in relation to property but they themselves cannot create any title in favour of any person in relation to any immovable property.
Ajay Sethi
Advocate, Mumbai
23353 Answers
1222 Consultations
5.0 on 5.0
1. Are you in physical possession of all 1 Katah 6 Chattak of land?

2. 1 Decimal is equal to  9 Chatak 30.6 Sq.Ft & 96 Decimal is equal to 2 Bigha 18 Katha 1 Chatak 12.6 Sq.Ft,

3. So, mutation can not be done for 96 Decimal for your land of area 1 Katha 6 Chattak,

4. Youb are required to verify the figures from the BLRO Office. 
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
5. Section 150(1) of the Maharashtra land Code provides that the Talathi shall enter in a register of mutations every report made to him under Section 149 or any intimation or acquisition or transfer under Section 154 from any Collector or the registering authority. Sub-section (2) of Section 150 provides that whenever a Talathi makes an entry in the register of mutations, he shall at the same time post up a complete copy of the entry in a conspicuous place in the Chavdi, and shall give written intimation to all persons appearing from the record of rights or register of mutations to be interested in the mutation, and to any other person whom he has reason to believe to be interested therein. Sub-section (3) provides that when any objection to any entry under Sub-section (1) in the register of mutations is made either orally or in writing to the Talathi, it shall be the duty of the Talathi to enter the particulars of such objection in a register of disputed cases and Talathi shall at once give a written acknowledgment for the objection to the person making it in the prescribed form. Sub-section (4) of Section 150 provides that the disputes entered in the register of disputed cases shall as far as possible be disposed of within one year by a revenue or survey officer not below the rank of an Aval Karkun and orders disposing of objections entered in such register shall be recorded in the register of mutations by such officer in such manner as may be prescribed by the rules made by the State Government 

2) in West Bengal there must be similar provisions . Submit your objections in writing regarding mutation entries to the Talati 
Ajay Sethi
Advocate, Mumbai
23353 Answers
1222 Consultations
5.0 on 5.0
Your query is that you have purchased a landed property by a registered sale deed document but the entire property were not mutated by the BLRO.  
Well the mutation of property is for revenue or tax purposes only.
However, when you have applied for mutation of revenue records of entire property whereas the authority has mutated lesser area than the property mentioned in the application for mutation, you may from the office of the authority the reason for not including the entire property, on not finding a satisfactory reason, you may prefer an appeal against the decision of the said authority with the higher authority. Submit your objections in writing regarding mutation entries.

Please be aware that the mutation records are not title documents and you will not lose the balance of landed property due to such act by the authorities.   
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
Yiu have to make BLlRO and vendor party to suit of any filed by you 

2) you would need copy it order passed to file appeal 
Ajay Sethi
Advocate, Mumbai
23353 Answers
1222 Consultations
5.0 on 5.0
Before filing civil suit you must exhaust the remedies available with the revenue department by filing an appeal against the order of BLLRO with the higher authorities and after that you can approach civil court with a suit for declaration to declare the correct mutation of the land in your name by the registered deed. 
Once you get the order copy, you may prefer the appeal.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
1. Wait for the copy of the Order of the mutation by BLRO,

2.  It appears that there is existence of only 96% of the area of the land which has been mentioned in the sale deed,

3.If you found that the mutation has been done for the less area of land than what has been mentioned in the sale deed, you should file a recovery suit before the Civil Court against the Vendor of the land.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0

Ask a Lawyer

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

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23353 Answers
1222 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
443 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0