Sachin Kalantre Deputy Collector & Registrar , YASHADA Mutation – Cases group 3 Sachin Kalantre Deputy Collector & Registrar , YASHADA

Unregistered Document Anup made a document of transfer of land on a stamp paper of Rs. 10 in favour of Sanjay and accordingly Sanjay applied for mutating his name in record of rights Steps Involved : 1. Mutation entry taken to village record after receipt of application and sale deed. 2. Cancel the mutation as the document is not registered. Legal Provision : 1. Indian Registration Act 1908, Section 17. 2. Maharashtra Land Revenue Code 1966, Section 149 and 150. Remember : As per Section 17 of Indian Registration Act, any land whose market value is more than Rs. 100 cannot be transferred without registration. Now a days, it is difficult to find any piece of land anywhere in India, having market price less than Rs. 100. Sachin Kalantre Tuesday, 13 November 2018

Purchase by Proposed Housing Society (Rural Area) Ramesh, Chairman of proposed Madhu Cooperative Housing Society purchased agricultural land in rural area outside Municipal limits. Steps Involved : 1. Mutation be taken to village record. 2. Notices issued to all concerned parties. 3. Evidence regarding the status of Ramesh as “agriculturist” be checked. 4. If Ramesh is an agriculturist then mutation be certified. Otherwise mutation be cancelled. Legal Provision : 1. Bombay Tenancy and Agricultural Lands Act 1948, Section 63. Remember : The co-operative housing society comes into existence only when it is registered. Unless land is owned by proposed society, it is not registered. That is why when agricultural land is purchased by proposed Chairman of society, it is a purchase by an individual person and then the person buying it must be an agriculturist. As per section 63 of Bombay Tenancy and Agricultural Land’s Act 1948, non-agriculturist is barred from buying agricultural land and therefore the evidence of purchaser is taken to check whether he is an agriculturist or not Sachin Kalantre Tuesday, 13 November 2018

Consent Refused Zunjar purchased agricultural land from Dattaram by a registered sale deed. However, when Talathi issued notices before certification of mutation, Dattaram refused to give consent for mutation. But he did not dispute mutation entry and even did not give complaint application. Steps Involved : 1. Transaction taken to record through mutation entry. 2. Notices issued to seller and buyer both. 3. After completion of notice period, mutation be certified. Legal Provision : 1. Indian Registration Act 1908, section 17. 2. Maharashtra Land Revenue Code 1966, section 150(2). Remember : Once the document is registered as per Indian Registration Act 1908 and there is no other condition attached with the land, then mutation should be certified. Section 150(2) of Maharashtra Land Revenue Code 1966 only expects that notices should be served to interested parties. It does not mean that every concerned party should positively give consent to the transaction Sachin Kalantre Tuesday, 13 November 2018

All Purchasers Non-Agriculturists Mangesh, Jayant and Abhimanyu bought 8 acres of agricultural land from Bharat by registered sale deed. All the 3 purchasers are non agriculturists. Steps Involved : 1. Take mutation of sale deed to record. 2. Issue notices to all interested parties. 3. Ask for evidence from purchasers regarding their status as agriculturists. 4. Cancel the mutation. Legal Provision : 1. Transfer of property Act 1882, section 54. 2. MLRC-1966 & Record of Rights Rules 1971. 3. Bombay Tenancy and Agricultural Lands Act 1948, section 63. Remember : All the purchasers are non agriculturists. The non agriculturists are barred from buying agricultural land in Maharashtra Sachin Kalantre Tuesday, 13 November 2018

Seller Dead (Part area) Sudhir purchased 2 hectare out of 4 hectare area owned by Sameer on 7/8/1995. But before mutation of sale deed was certified, owner Sameer dies on 09/09/1995. Steps Involved : 1. Take mutation of sale deed to record. 2. Issue notices to all concerned parties. 3. Take resolution about death of Sameer in village heirship register 6C and decide it. 4. Take separate mutation about heirship of Sameer and issue notices to heirs of Sameer. 5. If there is no objection then both the mutations be certified for 2 hectares area each. 6. If the heirs of Sameer object the mutation entry of sale deed, then disputed case should be heard on merit and still both mutations be certified for 2 hectares area. Legal Provision : 1. Hindu Succession Act 1956, section 8. 2. Maharashtra Land Revenue Code 1966, section 150 and Record of Rights Rules 1971. Remember : Sometimes when the heirs of seller object the mutation of sale deed, the Revenue Officers take all together a wrong stand to cancel the mutation. Since this mutation is based on document of transfer, fate of mutation cannot depend on the events like death happening after sale deed or some social problems within the family of the seller. Sachin Kalantre Tuesday, 13 November 2018

POA and Conditions Dhananjay, the power of attorney holder (POA) of Sandesh sold the land to Vishal by a registered Sale deed. It was pointed out by original owner Sandesh that the POA document did not authorize Dhananjay to sell his land. Steps Involved : 1. Take mutation of sale deed to record. 2. Issue notices to all interested parties. 3. Check the document of POA and verify whether the right to sale the property was mentioned in the document. 4. Cancel the mutation entry. Legal Provision : 1. Transfer of Property Act 1882, section 54. 2. Power of attorney Act 1882, Section 2. Remember : In this case the owner Sandesh has given POA in confidence to his near one Dhananjay to act on his behalf. However the document nowhere mentions the right given to power of attorney holder to sale the property. The POA holder can not get more rights than those given by original owner. Hence mutation is liable to be cancelled. It is always advisable to contact the original owner, whenever a buyer is dealing with POA holder. Sachin Kalantre Tuesday, 13 November 2018

Opposition From Brother and Public Notice Chandrakant owns self acquired 5 acres of agricultural land which he wanted to sell in open market. However his brothers Surya and Nishikant always wished that he should sell his land at some concessional rate to them. Therefore both the brothers issued a public notice on 8/6/2009 mentioning that it is their ancestral property and they have decided to move civil court for partition of land. However, on 11/09/2010, Chandrakant sold the property to a third person Malhar at market price. Steps Involved : 1. Take mutation of sale deed to record. 2. Issue notices to all interested parties. 3. Conduct hearing in a disputed case. 4. Check whether civil court has issued any injunction order against seller land. 5. Certify the mutation of sale deed. Legal Provision : 1. Transfer of property Act 1882, Section 54. 2. MLRC 1966 and Record of Right rules, 1971. Remember : On the date of sale deed there was no injunction from civil court to sale the property. Therefore mutation needs to be certified on the basis of sale deed. Sachin Kalantre Tuesday, 13 November 2018

Family Manager Datta died on 01/03/1993. His name was mentioned as joint family manger on 7/12 of his land. Steps Involved : 1. Take resolution in heirship register 6 (c) about death of Datta. 2. Take resolution about the heirs of Datta after local enquiry. 3. Check the original mutation extract and verify the members of the family at the time of death of Datta’s father. 4. Ensure the interests of all legal heirs, including brothers and sisters of Datta. 5. Certify the mutation even though opposed by heirs of Datta. Legal Provision : 1. Hindu Succession Act 1956, section 8. Remember : Maximum examples in the state are of the category wherein an effort is normally made by the heirs of ender to deny heirship rights to other brothers and uncles. Therefore, an old mutation entry by which the name of the elder as joint family manager was entered as a sole heir after grandfather’s death, must be checked, before any new heirship entry is effected in record. The old mutation entry can be obtained from Tahsil office. Sachin Kalantre Tuesday, 13 November 2018

Other Heirs Sambhaji dies on 04/03/1995. He has no legal heir in any of the Class I/II/III categories under Hindu law. However, a claimant, Rajiv having same surname applied for heirship entry in record. Steps Involved : 1. Take entry of death of Sambhaji in heirship register 6 (c). 2. Ask for details of family tree along with affidavit and the relevant documents of proof from the applicant. 3. Issue notices to all the persons mentioned in the family tree. 4. Make a publication through newspaper to verify the legal heirs. 5. Ask the applicant to approach civil court to prove his heirship right and cancel the mutation. Legal Provision : 1. Hindu Succession Act 1956, section 8. Remember : Normally a person holding agricultural land does have some close or distant relative in the same village. Therefore, local enquiry has been prescribed in Maharashtra Land Revenue Code 1966. Care should be taken to verify the legal heirs especially when direct descendent from class I/II or III category are not there. The burden of giving addresses of all parties is always on the person claiming the right. If the case is too complex, then the revenue authorities can ask the claimant to get the issue of heirship and title decided from competent civil court. Sachin Kalantre Tuesday, 13 November 2018

Sale by Joint Family Manager Pradip is holding 3 hectares of agricultural land as manager of Hindu undivided family and sold the land Steps Involved : 1. Take mutation to record. 2. Issue notices to all concerned parties. 3. Check the previous mutation entry by which Pradip was recorded as Manager of Joint Family. 4. Certify the mutation if there is no dispute. 5. If there is dispute then certify the mutation to the extent of Pradip’s individual share. Legal Provision : 1. Indian Registration Act 1908, section 17. 2. Transfer of Property Act 1882, section 44. Remember : According to section 44 of Transfer of Property Act 1882, co-sharer can sell his share of land. Therefore, even though the property is not partitioned among co-sharers, any one co-sharer can sell his share of undivided property and buyer always steps in the shoes of seller. Sachin Kalantre Tuesday, 13 November 2018

Land Acquired and Agriculturist Ram purchased agricultural land from Mohit. Ram has no agricultural land in his name as on date of sale deed. However, he was an agriculturist and his entire land was acquired 5 years ago for irrigation project. Steps Involved : 1. Take mutation entry of sale deed. 2. Issue notices to all interested parties. 3. Take evidence from Ram regarding his status as agriculturist. 4. Certify the mutation entry taking into consideration the evidence of acquisition of land. Legal Provision : 1. Bombay Tenancy and Agricultural Land Act 1948, section 63 – explanation. Remember : According to section 63 of Tenancy Act, a non-agriculturist is barred from purchasing agricultural land in Maharashtra. The only exception provided in this section is that of an agriculturist whose land has been acquired for public purpose in last 10 years. Therefore, the present case fits into an exception and mutation can be certified. Sachin Kalantre Tuesday, 13 November 2018

Non Agricultural use of Tribal Land Manikrao, a tribal applied for convergence of his 2 acre agricultural land to non-agricultural purpose. After obtaining NA permission, he requested to take mutation of N.A. order. Steps Involved : 1. Take mutation of N.A. order to record. 2. Certify the mutation as per N.A. order. 3. Keep the condition of ban on transfer of tribal land as it is on record. Remember : There is ban on transfer of occupancy by a tribal to a non – tribal. However tribal person can very well convert his land to N. A. use. Even after N.A. use land is subjected to section 36 (A) of the act which bans transfer to non-tribal without prior permission. Therefore a tribal can use NA and for him selves but if he wants to sell it, then he must obtain prior permission. Sachin Kalantre Tuesday, 13 November 2018

Old Document Parag had purchased agricultural land Gat No. 260 on 15/09/1958 from Rahul. He did not enter the name on 7/12 in last 40 years. Recently, Parag gave application for mutating his name of 7-12. Steps Involved : 1. Take mutation entry of sale deed. 2. Issue notices to all interested parties. 3. Take evidence regarding delay in filling application. 3. Conduct hearing in a disputed case of Rahul objects. 4. Certify the mutation and enter the name of purchaser, if name of vendor is still on 7-12 Rahul. Legal Provision : 1. Transfer of Property Act 1882, section 54. Remember : Register document as such do not lose the value after a lapse of time of 12 or 30 years as is commonly guessed. However, in the meantime if the original owner makes a third party transaction them there is no scope for revenue officer to enter the name of purchaser. Such an issue then becomes an issue of title and must be decided by competent civil court. Sachin Kalantre Tuesday, 13 November 2018

Mutation of House Property Subhash died on 2/5/1994. His heirs applied for heirship mutation to village Talathi. He owned only the house property in the village site (Gavathan). He had no agricultural land in his name. Steps Involved : 1. Village Talathi cannot take mutation when there is no agricultural land. 2. Ask the applicant to approach Gramsevak. Legal Provision : 1. Maharashtra Grampanchayat Act, 1958. Remember : 1. The assessment register for house properties is kept in the Village Panchayat by Gramsevak and not any Talathi. There is no question of taking any mutation entry regarding house property in the Mutation Register of Village Talathi as no agricultural land in involved. 2. If City Survey has taken place in the village, then the record of rights are kept by City Survey Officer.   Sachin Kalantre Tuesday, 13 November 2018

THANKS Sachin Kalantre Tuesday, 13 November 2018