Regarding Mutation Regarding Mutation

7 months ago

Dear sir, my father purchased residential property and same has been gifted to me through registered gift deed but I applied to get mutation objection received from my fathers brother how to Handel and how to get mutation copy

Kishan Dutt Kalaskar

Responded 7 months ago

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A.Dear Sir,
Such objections may be filed usually. You have to get orders from the Tahsildar if rejected approach assistant commissioner.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 7 months ago

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A.Dear client,

Firstly, Mutation is the process of updating the land records by the local municipal body or revenue authorities after transferring title. It is important to understand the legal requirements and documents needed for mutation, such as the registered gift deed, death certificate of the previous owner, and affidavit on behalf of the applicant

If you have received an objection to the mutation, you should respond to it in writing and provide all the relevant documents and evidence to support your claim. You can consult with a lawyer to draft the response and ensure that it complies with the applicable laws and regulations.

If it is indeed a gift with valid gift deed, there should not be any objection to it whatsoever.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 7 months ago

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A.Dear Client,
When a self-acquired property is transferred by the owner by a registered deed of gift to any member of the family or others, the title or interest of the property is transferred exclusively in favour of the donee who can apply for mutation of the said property in his name on the basis of said deed of gift. Nobody can raise any objection or dispute against the mutation of the owner's name in the land record in the absence of a court order. It may be noted that anybody can challenge the mutation entry by going to court within the time period of 30 days of the order or mutation. When a person challenges a mutation entry, it is forwarded to the Revenue Assistant of the area and they will look after the issue with all the legal procedures and proceed with the mutation challenge. As per the settled proposition of law, mutation entry does not confer any right, title, or interest in favour of the person and the mutation entry in the revenue record is only for fiscal purposes. If there is any dispute with respect to the title and more particularly when the mutation entry is sought to be made on the basis of the deed of Giftl, the party who is claiming title/right has to approach the appropriate court and only thereafter on the basis of the decision before the civil court necessary mutation entry can be made. The mutation of property in revenue records neither creates nor extinguishes title to the property nor has it any presumptive value on title. Such entries are relevant only for the purpose of collecting land revenue. So, in the prevailing situation, when your uncle raises any objection against the mutation, you need to file a petition before the Mutation Authority challenging the objection of your uncle if he raised the objection without an order from the civil Court and praying the authority for issue of a direction to the party objecting the mutation to file his objection with an order of the appropriate Court and otherwise objection is not maintainable. Reach out to an Advocate for further guidance and steps in the matter.
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