Sachin Kalantre Deputy Collector & Registrar , YASHADA Mutation – Cases Group 4 Sachin Kalantre Deputy Collector & Registrar , YASHADA

Sale Deed and Agreement of Sale Manoj executed a registered sale deed in favour of Sudhakar on 1/4/1998. When this transaction was taken as mutation in Village record, it was revealed that Manoj had already executed a registered agreement of Sale in favour of Ram on 3/4/1996. Therefore, Ram objected to mutate name of Sudhakar. Steps Involved : 1. Take mutation of sale deed as per application of Sudhakar. 2. Take separate mutation entry regarding agreement of sale. 3. Notices to all interested parties as seen from Record of Rights. 4. Entry of the case be taken to disputed case register. 5. Hearing of the case by issuing notices to all the interested parties and judgment delivered. 6. Both mutations be certified. Name of Sudhakar be entered in occupancy column and name of Ram be entered in other rights column of 7/12. Legal Provision : 1. Transfer of Property Act 1882, Section 48, 53A. Remember : As per Section 53A of Transfer of Property Act, a registered agreement of sale with possession creates a right to keep possession of the property. However, such a person by way of agreement of sale does not get ownership right in the property. Hence, it is justifiable to certify the mutation of sale deed and record Sudhakar as occupant and also protect the interest of Ram. Ultimately dispute of tile among the two is left for civil court to decide. Sachin Kalantre Wednesday, 14 November 2018

Sale of Land Under Acquisition Rajesh owns Agricultural Land Gat no.445. He received a notice under section 4 of Land Acquisition Act for a proposed acquisition for a road project. After receipt of notice Rajesh decided to sell his land and executed a sale deed in favour of Sushant. Steps Involved : 1. Mutation be taken to village record. 2. All interested parties be served with notices including Project Officer, Acquiring Body and Land Acquisition officer etc. 3. Subject to proposed land acquisition mutation be certified. Legal Provision : 1. Land Acquisition Act 1948, Section 4. 2. Transfer of Property Act 1882, Section 54. 3. Supreme court Ruling – Surajbhau Vs Finance Commissioner and others, civil law times (2007) Remember : Whenever a section 4 notification is issued for any acquisition immediately an entry to that effect is taken in other right column of 7-12 extract. According to the case law quoted above the entries taken to revenue record about proposed acquisition are nominal and are only with respect to land acquisition compensation to be paid. Till the actual possession after land acquisition proceedings is over is taken, the original owner has a right to dispose off his property. According to the case Supreme Court law, section 4 notification, section 6 declaration or notice as per section 9 do not take way the ownership right from the original owner. It remains with the owner till government takes possession of the property and he can transfer or dispose off his property at his ‘will’. Sachin Kalantre Wednesday, 14 November 2018

Transfer by Power of Attorney Holder Anand purchased 2 hectares land in Gat no. 750 from Naresh, Power of Attorney holder of original holder Abasaheb. Before mutation was certified, the Power of Attorney document was scrutinized by village Talathi and it was found that owner had given Naresh the power of attorney for Gat no. 740 and 741 to 748. Gat no. 750 which was sold was not mentioned in this document. Steps Involved : 1. Transaction taken to record through mutation entry. 2. Notices issued to Power of Attorney holder, buyer and original holder. 3. Mutation be cancelled as owner has not legally sold Gat no. 750. Legal Provision : 1. Transfer of Property Act 1988, section 54. Remember : In this particular example, there is no authority with Naresh to sell the land to Anand. The Power of Attorney document nowhere mentions the right of Power of Attorney holder in Gat No. 750. Therefore, it can not be said that Gat No. 750 has been sold. Sachin Kalantre Wednesday, 14 November 2018

Service of Notice Abroad Kailash sold his land to Mihir and Megh by registered document. When the notice of mutation entry was sent, it was found that Kailash do not reside at his address. The purchasers submitted that mutation be certified without serving notice to him because he is not likely to come in near future from abroad. Steps Involved : 1. Take mutation of sale deed to record. 2. Issue notices to all interested parties. 3. Issue notice to Kailash by registered air mail. 4. Ensure that notice is properly served on him before certification. 5. Cancel the mutation if proper address is not given by claimant. Legal Provision : 1. Indian Registration Act 1908, section 17. 2. MLRC 1966, Section 149,150. Remember : In this case, the document is duly registered under Indian Registration Act. It is not proper to wait for certification of mutation till the person come back to India. Notice can be served very much in a foreign country Sachin Kalantre Wednesday, 14 November 2018

Purchaser Dead Prabhakar purchased agricultural land by a registered sale deed from Gulab. However, before certification of mutation Prabhakar died. Steps Involved : 1. Take mutation of sale deed. 2. Issue notices to all concerned parties. 3. Certify mutation of sale deed after issuing notices to the heirs of Prabhakar. Legal Provision : 1. Transfer of Property Act 1882, section 54. 2. Maharashtra Land Revenue Code, 1966 Section 149,150. Remember : Once the sale deed is executed, the document or the sale is not adversely affected because of the events that happen afterwards. In this case, right accrued to Prabhakar does not get affected because of the death. Sachin Kalantre Wednesday, 14 November 2018

Notice to Cancel The POA Suhasini, the old landlady gave power of attorney to a relative Somnath with the intention to sale her land. But suspecting that Somnath might misuse it, gave a public notice in local newspaper on 12/08/2010 cancelling POA. However on 28/04/2011 Ajinkya bought the land from Somnath by a registered sale deed and applied for mutating the transaction. Steps Involved : 1. Mutation be taken to record. 2. Notices issued to all concerned parties. 3. Conduct hearing in a disputed case. 4. Take evidence regarding cancellation of POA document. 5. 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 Suhasini has cancelled the POA given to Somnath by public notice dated 12/08/2010, the date much prior to the date of sale transaction dated 28/04/2011. It can not be believed that Somnath had no knowledge about cancellation of POA, because the owner herself had given POA to him. He should have acted in the interest of and for original owner Sachin Kalantre Wednesday, 14 November 2018

Step Sons / Daughters Steps Involved : Govindrao, the Land owner died. His sons Amit and Anant gave application and affidavit claiming the heirship right. After 8 days Ramabai and daughter Sulabha also claimed heirship right as the second wife and step daughter of Govindrao respectively. Steps Involved : 1. Take entry in heirship Register 6 (c). 2. Conduct local enquiry. 3. Give opportunity of hearing to all parties. 4. Pass the heirship resolution. Make entry of both the sons Amit and Anant and step daughter Sulabha. 5. Then heirship entry to the mutation register and decide the disputed case. Legal Provision : 1. Hindu Succession Act 1956, Section 8. 2. MLRC 1966 and Record of Right rules, 1971. Remember : As per Hindu Succession Act, the step sons and step daughters are legal of heirs even though second marriage is illegal.   Sachin Kalantre Wednesday, 14 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 Wednesday, 14 November 2018

Government Co-Owner Agricultural land Gat No. 42 has two owners viz. Gajanan – 1 hectare and Government – 1 hectare.Gajanan sold his share of land in this survey number to Somnath. Steps Involved : 1. Take mutation of sale deed to record. 2. Issue notices to all concerned parties. 3. Check which part of survey number is owned by Government on the basis of map of land acquisition. 4. Issue notice to concerned land acquisition officer. 5. Certify the mutation entry by specially mentioning that the area sold is different and separate from land owned by government. Legal Provision : 1. Maharashtra Land Revenue Code 1966, section 150 (2) 2. Land Acquisition Act 1894, section 6,16 2. Transfer of Property Act 1882, section 48, 54. Remember : In this case, government has acquired part of the land for public purpose and therefore has become co-owner in the property. In fact a separate 7-12 of government land must be prepared by village Talathi. The Government’s interest must be fully protected while certifying the mutation entry about the sale of part of the remaining land.   Sachin Kalantre Wednesday, 14 November 2018

Agriculturist in the Other State Anthony, from Kerala purchased agricultural land from Moreshwar in Maharashtra. Anthony is claiming to be agriculturist of Kerala. Steps Involved : 1. Take mutation entry of sale deed. 2. Issue notices to all interested parties. 3. Take evidence from Anthony about his status as agriculturist. 4. Verify the evidence given by Anthony from concerned Collector of the District in Kerala. 5. If Anthony is the agriculturist of Kerala then certify the mutation. Legal Provision : 1. Bombay Tenancy and Agricultural Land Act 1948, section 63. Remember : According to section 63 of Tenancy Act, a non-agriculturist is barred from purchasing agricultural land in Maharashtra. Further, if a person is agriculturist in any part of India he is treated as agriculturist. Therefore, Anthony’s mutation entry can not be rejected and needs to be certified. Sachin Kalantre Wednesday, 14 November 2018

Tribal Land Ratnakar, a non tribal purchased agricultural land from a tribal Chindhu. The sale deed mentioned that Chindhu was in need of money and therefore he voluntarily sold the land. However, no prior permission of government as required by law has been obtained. Steps Involved : 1. Take mutation of sale deed to record. 2. Issue notices to all interested parties. 3. Check whether prior permission of government has been obtained. 4. Cancel the mutation entry because tribal land cannot be sold to a non-tribal without prior permission of government. Legal Provision : 1. MLRC 1966, Section 36 and 36(A). Remember : To protect the interest of poor tribals their lands have been put to restrictions as per section 36 and 36 A of M.L.R.C. 1966. Non person tribal can not purchase land of a tribal without prior permission of government. In fact if there is any violation of this provision then the land can be restored back to the tribal within a period of 30 years. Even the prior permission is subject to certain conditions as prescribed 36 (A) and the rules there under. Sachin Kalantre Wednesday, 14 November 2018

Deosthan Land The 7/12 extract of suit property indicates that it is Deosthan Inam class III land. Trustee on behalf of temple trust Mahadeo Deosthan sold the land property by a registered sale deed to Arun. Steps Involved : 1. Take mutation entry of sale deed. 2. Issue notices to all interested parties. 3. Check whether prior permission from Charity Commissioner as well as that of State Government has been obtained. 4. If both permissions are taken by Trustees then mutation entry be certified. Legal Provision : 1. Maharashtra Land Revenue Code 1966, section 37. Remember : Since the land is Inam land granted by government to the deity, permission of both the authorities i.e. Charity Commissioner and State Government are mandatory. Whether any land is Deosthan Inam land or not can be ascertained from the alienation register. Sachin Kalantre Wednesday, 14 November 2018

Purchase for bonafide Industrial Use Industrialist Amin Chandra purchased 2 hectares agricultural land in the industrial zone in Pune District. Amin Chandra is not an agriculturist and claims that he has bought land under section 63 (1) (a) for bonafide industrial use. Steps Involved : 1. Take mutation entry of sale deed. 2. Issue notices to all interested parties. 3. Check whether the land is in industrial zone as per the regional plan published. 4. Check whether conditions of section 63 (1) (A) are followed. 5. Certify the mutation entry. Legal Provision : 1. Bombay Tenancy and Agricultural Land’s Act 1948, section 63 (1) (A). 2. Maharashtra Land Revenue Code 1966, section 44A. Remember : As per amendment to Tenancy Act, section 63 (1) (A) has been inserted, which provides that a non- agriculturist can buy land for bonafide industrial use in industrial zone or no development etc. As per this section, a non-agriculturist can buy directly upto 10 hectares land and with prior permission of Development Commissioner, area more than 10 hectares for bonafide industrial use.   Sachin Kalantre Wednesday, 14 November 2018

THANKS Sachin Kalantre Wednesday, 14 November 2018