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Vishal Mukherjee
in Property Law
Asked June 04, 2017

Unaware about sale of property by ancestor

  • 4 Answers
  • 887 Views

My late mother never sold the land. I have all original papers of the land & me only son given tax till 2015. But some body is claiming that my mother has sold land to him, he is showing sales deed & mutation of 2002, claiming paid 1 lack for 1.2 acres. Now my mother died on 2013, how should I come to know the truth, what should I do.

Answers 4

Ask his to file a Suit for Specific Performance of the Sale Agreement that he is showing and to prove his title on the property, which will involve proving the correctness of the sale and mutation documents, as well as proof of the alleged payment made to your mother. Payment of Property Tax by you is a strong proof in your favour.

Agree Comment 0 Agrees over 3 years ago

Is the sale deed registered? who has possession of the land? what does the mutation entry say? no transfer can take place without a registered document. how was the consideration received ? chequ or cash? You will have to challenge the sale deed and mutation entry if possession still with you and the document is forged or fabricated.

Agree Comment 0 Agrees over 3 years ago

Mutation is an important part of the transfer of ownership. It is the transfer or change of title entry in revenue records of the local municipal corporation. [1] Therefore after the transfer of ownership, mutation is required in order to enable the right owner to pay taxes. The new owner must apply to the local revenue and municipal offices in order to get his name mutated. Since the person shows the mutation deed of 2002, you can easily question the sale deed and mutation deed as you have been the one paying taxes till 2015.

Further, if you can prove that your name is on the Registry as the owner, you can easily question the authenticity of the land. Since mutation is not done(otherwise you would not be paying taxes), there is a chance that the sale deed is also not registered. You can check that as registration of sale deed is compulsory under Section 17 of the Registration Act, 1908. You can obtain an injunction if the person is interfering with your possession of the land.  Paying taxes alone cannot determine ownership, however if you can prove that the papers of land that you have are original and possession, you can establish ownership.

 

[1] Mutation of Names in the R.O.R.s (Record of Rights) under section 50 of WBLR Act, 1955 available at http://banglarbhumi.gov.in/banglarbhumi/(S(mgexizvmyggg0dvngwnh4tji))/ASP%20PAGES/lr_mutation.aspx.

Agree Comment 0 Agrees over 3 years ago

In order to ensure the sale deed is valid, it must be a registered sale deed. Thus the first thing that must be established is whether the sale deed is registered with the concerned office or not. Apart from this, you must obtain a mutation deed of inheritance if you have not applied for the same already. For this you shall require the following documents, death certificate of your mother, copy of the will if she had one or succession certificate, indemnity bond on stamp paper of requisite value, affidavit on stamp paper of requisite value attested by a Notary, receipt of up-to-date property tax payment in case of Power of Attorney, copy of Power of Attorney, application for mutation with court fee stamp affixed on it. You must act immediately and you may need to proceed in the court of law in order to prove that the sale deed and mutation certificate as provided by the other party are fraudulent.

Agree Comment 0 Agrees over 3 years ago

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