• Wakf Board land (without mutation) can be bought.

60 (fifty) years ago someone donated his land to Wakf Board for making a mosque on the same land and he and his family migrated to Pakistan forever. Wakf Board sold his land to person 'A' in seventies, mentioning that they have money requirement. It is also stated that the land can be used by buyer (person A) on his will. Person A sold the land to 'B' in eighties with proper registration. B sold the same land to one of my relatives (person C) in 1992. Since then, no construction /nothing has been done on this land. Now they want to sell this land  to me.  Since no one is ready to buy this land because of this land/property has no mutation. They try their best to get mutation from the concerned Block (Prakhand) but the Patwari/Halka Karamchari is not ready to change the record in KHATIAN. Many persons come and returned when they found that this land has no mutation. In concerned Block it shows (in records) it is Wakf Board land. Ward Counsellor also intimidate/terrify the people who want to buy the land saying that he will inform it to Wakf Board and Circle Officer in this regard. In fact, this land is just close to (my) home and I am inclined/want to buy this land. They too want to sell it to me because no one is ready to buy this land because of NO MUTATION. I went to Block and talk to the employee and he has assured me that it is too old case and there is probability the mutation may be done in near future.  Please suggest/advice me that ( i)should i buy this land or not and what can be the repercussions/impact in upcoming future if I buy this land. (ii) If i buy and mutation could net be done then what will be the threat. (iii)  In future can anyone(including State Govt.)  claim for this land.
Please provide comprehensive details with full pros and cons.
            Thanking you in anticipation,
            Kashif , Arrah, Bihar
Asked 6 months ago in Property Law from Arrah, Bihar
Religion: Muslim
1) Mutation of property is the recording in the revenue records the transfer of title of a property from one person to another. The mutation in the municipal records is for the purpose of payment of property taxes and it does not mean a legal title to the person to whom the property has been mutated.

2) Documents required for mutation
In case of sale deed:
Copy of sale deed Application for mutation with court fee stamp affixed on it Indemnity bond on stamp paper of requisite value Affidavit on stamp paper of requisite value Clearance of up-to-date property tax

3) if wakf board had sold the land by regd sale deed to A he would be absolute owner of the property and could have executed sale deed in favour of B and in turn to C .

4) contact a local lawyer and then take call to purchase land if papers are in order
Ajay Sethi
Advocate, Mumbai
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The Wakf property can be sold only after the Wakf board obtains due permission from State Govt. If such permission for a particular land/property is obtained then the rates are decided by board in its meeting which generally remain at par with the ongoing circle rate of that particular place in the similarly situated properties. Furthermore, NOC from waqf board should be obtained. It will be suicidal to purchase the wakf property that has not been mutated. 
Ashish Davessar
Advocate, Jaipur
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1.  If the buyer has proper and marketable title and the same has been confirmed in a legal opinion by an advocate, you may proceed with the purchase. 

2.  If there is no mutation possible through the land revenue department, you first apply for it and get a reply rejecting your application for mutation, approach court of law with a mandatory suit seeking direction to authorities to mutate the land records on your name on the basis of the title documents and you may be advised of necessary formalities in that connection to be observed, this way you can get the relief. 

3.  This becomes a private property hence there are no possibilities for that.
T Kalaiselvan
Advocate, Vellore
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