Sachin Kalantre Deputy Collector & Registrar , YASHADA Mutation – Cases Group 1 Sachin Kalantre Deputy Collector & Registrar , YASHADA

Sale Transaction Unmesh made a registered sale deed in favour of Dinesh and no other legal provision is getting violated Steps Involved : 1. An application to Talathi along with copy of sale deed. 2. Mutation taken in village record. 3. Notices to all concerned parties as seen from record of rights and sale deed. 4. Certification of Mutation Entry 5. Correction of 7-12 Legal Provision: 1. Indian Registration Act 1908, Section 17. 2. Maharashtra Land Revenue code 1966, Section 149 and 150. Remember : This is a typical example of a normal, legal and transaction. It is presumed in this case that no other provision of any of the land laws is being violated. Sachin Kalantre Friday, 07 December 2018

Purchase by Proposed Housing Society (Agricultural Zone) Ramesh, who is non-agriculturist and Chairman of the proposed Madhu Cooperative Housing Society purchased agricultural land in agricultural zone situated in Municipal Corporation limits. This municipal corporation area is exempted under section 88(B) of Tenancy Act. Steps Involved : 1. Mutation Entry be taken to record. 2. All concerned parties be issued notices. 3. The land is situated in Municipal limits and notification under section 88(1)(b) is issued under Bombay Tenancy and Agricultural Lands Act 1948, indicating that section 1 to 87 of tenancy act are not applicable. 4. Therefore, section 63 of Bombay Tenancy and Agricultural Act 1948 which bars the non-agriculturist from buying agricultural land is not applicable in this case. 5. Hence, even though, Ramesh is not an agriculturist anywhere, the purchase is valid. 6. Hence, mutation entry is justified and should be certified. Remember : As per section 63 of Bombay tenancy act, a non-agriculturist is barred from purchasing Agricultural Land without prior permission of Collector. This is an example of exception to section 63 because in certain Municipal Corporation Limits, where a notification under section 88(1) (B) is issued under tenancy act, section 1 to 87 do not apply. Therefore, even though land is in agricultural zone and person purchasing the same is also non-agriculturist, still mutation can be certified. Sachin Kalantre Friday, 07 December 2018

Sell of Mortgaged Land Sudhir raised a bank loan on his agricultural land. Even though the land was mortgaged to the bank he sold this land to Hemant. Steps Involved : 1. Mutation be taken to village record. 2. Notices issued to concerned parties, including Bank. 3. Mutation be certified only if the bank gives NOC. Legal Provision : 1. Transfer of Property Act 1882, section 58 (d) Remember : When the Bank gives loan, the registered mortgage deed in favour of bank is signed by the owner. Therefore, unless the entire loan amount is repaid, the owner has no right to sell his land to a third party. Normally, a bank would not give NOC unless it is sure about loan amount guaranteed Sachin Kalantre Friday, 07 December 2018

Fragment Sold Satya purchased 2R of land out of hectare land of Gat No. 140 from Govind. However, the Fragmentation Act is applicable for the village. Steps Involved : 1. Transaction taken to record through mutation entry. 2. Notices issued to Power of Attorney holder, buyer and original holder. 3. The transaction contravenes fragmentation act and therefore mutation can not be certified. However, entry to that effect can be taken to other rights column, so that no further transaction of same pieces of land takes place. Legal Provision : 1. Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947. Remember : As per Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947, any transaction which results into creation of fragment is illegal. Therefore, mutation can not be certified. However, to prevent further transaction of the same property and to protect the money paid by purchaser entry can be taken to other rights column of 7-12 extract Sachin Kalantre Friday, 07 December 2018

Seller Dead Atul sold his land to Bipin by registered sale deed on 10/02/1997. When notice before certification of mutation was issued, it was found that the seller Atul died on 20/02/1997 in an accident. Steps Involved : 1. Take mutation of sale deed to record. 2. Issue notices to all concerned parties. 3. Since the seller has died, take entry in heirship register (6C) about heirship of Atul. 4. Resolution about heirs of Atul be passed in heirship register. However, do not take any heirship mutation in the mutation register. 5. Issue notices of the mutation of sale deed to all legal heirs of Atul. 6. Certify the mutation of sale deed if the heirs of Atul do not object. 7. Even though the heirs object, hearing in the disputed mutation be conducted and mutation of sale deed be certified. Ask the heirs of Autl to approach Civil court. Legal Provision : 1. Transfer of Property Act 1882, section 54. 2. Hindu Succession Act 1956. 3. Maharashtra Land Revenue Code 1966 Section 150 and Record of Rights Rules 1971. Remember : The sale deed on 10/02/1997 occurred when Atul was alive. Revenue entries are based on the documents. The document does not get cancelled automatically because of the death of seller on a later date. Normally, The tragic death of seller is taken advantage of by legal heirs. Therefore, certifying Revenue Officer must decide the mutation on the basis of legal position on the date of transition. Sachin Kalantre Friday, 07 December 2018

Error in the Sale Deed Laxmi bought land from Natha in village Survey No. 45. However, the registered sale deed inadvertently mentioned Gat No. 445 instead of 45. Still Laxmi pressed village Talathi to enter her name on the basis of sale deed. Steps Involved : 1. Take mutation entry of sale deed. 2. Issue notices to all interested parties. 3. Cancel the mutation entry as Gat No. 445 is not owned by Natha. Legal Provision : 1. Transfer of Property Act 1882, section 54. 2. Indian Registration Act 1908, section 17. Remember : The selective portion in the sale deed cannot be used for one’s benefit. Since sale deed is the basis, original and permanent document, any error especially that of survey number or name should be corrected by another correction deed.   Sachin Kalantre Friday, 07 December 2018

illegally Possessed Land A man owned 1.25 hectare land. But when he measured his land the total area in his possession was 1.40 hectare on account of encroachment in neighboring survey number. Atman sold this land to Bhavesh mentioning in sale deed area as 1.25 hectare owned land and 15 R encroached land. Steps Involved : 1. Take mutation to record. 2. Issue notices to all concerned parties. 3. Mutation entry should be certified for 1.25 hectare area. Legal Provision : 1. Transfer of Property Act 1882, section 54. Remember : Sometimes people try to make money out of sale of encroached area also. In this example, though Atman is owning 1.25 hectares land, he has tried to take advantage of possession of encroached 15 R land. Therefore, finally mutation entry to the extent of area owned (1.25 Ha.) can only be certified Sachin Kalantre Friday, 07 December 2018

Right of Family Members (Ancestral Land) Shashi sold his ancestral land to Bhalchandra. However, Shashi’s wife Chaya and son Dilip objected to the transaction and mutation. However, they did not file any civil suit. Steps Involved : 1. Take mutation entry of sale deed to village record. 2. Issue notices to concerned parties. 3. Ask for details of family tree (and the relevant document) along with affidavit from the applicant. 4. Conduct hearing in disputed case and certify the mutation. Legal Provision : 1. Transfer of Property Act 1822, section 44. Remember : Wife and family members of Shashikant are demanding their right under Hindu Succession Act. However, for this right they must approach competent civil court. As far as recording the right accrued to the purchaser Bhalchandra is concerned, certificate of mutation of sale deed is only alternative with the revenue officer. Sachin Kalantre Friday, 07 December 2018

Right of Family Members (Self-Acquired Land) Shashi sold his self-acquired land to Bhalchandra. However, Shashi’s wife Chaya and son Dilip objected to the transaction and mutation. However, they did not file any civil suit. Steps Involved : 1. Take mutation entry of sale deed to village record. 2. Issue notices to parties. 3. Conduct hearing in disputed case and certify the mutation by rejecting objections of wife and son of Shashi. Legal Provision : 1. Transfer of Property Act 1822, section 44. Remember : In this case, Shashi has sold his self-acquired land to bonafide purchaser. However, his wife and son are demanding their right after the sale is effected in favour of their party. Since Revenue Officers are expected to record the rights of the parties accrued on the basis of document and since all mutations are meant only for fiscal purpose (Supreme Court) the mutation needs to be certified by rejecting the objection. Sachin Kalantre Friday, 07 December 2018

Previous Mutation and Later Transaction On 3/3/1997, Madhav sold Nilesh 60 R of his land out of 80 R area. When this transaction vide mutation No. 615 was taken to village record and notices issued to parties, one more person Tanishk came with a plea that he has purchased 40 R land on 5/4/1997 and mutation entry No. 580 has already been certified in the record. Steps Involved : 1. Take mutation of Nilesh for 60 R area (Mutation 615) and issue notices to all concerned parties. 2. The previous mutation entry No. 580 in favour of Tanishk is wrong to the extent of 20 R and should be send for revision to SDO. 3. After getting approval of revision for previous mutation, both the mutations (No. 580 and 615) should be decided by the common judgment. Legal Provision : 1. Transfer of Property Act 1982, section 48, 54. 2. Maharashtra Land Revenue Code 1966, section 257. Remember : In this case the owner has played mischief. Though he very well knows that he owns only 80 R land, he has made two sale deeds of 40 R and 60 R totaling 100 R. To give justice to Nilesh who has executed his sale deed prior to Tanshik, Mutation entry No. 580 must be taken in revision and should be restricted only to remaining 20 R area. Mutation of Madhav can not be merely rejected on technical ground that the area of sale deed and 7/12 does not match. Sachin Kalantre Friday, 07 December 2018

Sale of Other Person than Tenant Ramesh is the owner of land Gat No. 45 and Sanjay is the tenant in this land whose name appears in other rights column and cultivation column of 7-12. Ramesh sold this property to Pravin without any knowledge to tenant Sanjay. Steps Involved : 1. Take mutation of sale deed to record. 2. Issue notices to all interested parties including tenant Sanjay. 3. Consider the say of tenant and check the previous steps taken so far under tenancy act. 4. Cancel the mutation entry of sale deed and ask the parties to get the case decided under tenancy act first. Legal Provision : 1. Bombay Tenancy and Agricultural Lands Act 1948, section 32 (G), 32 (O) and 64. 2. Maharashtra Land Revenue Code 1966, section 149 and 150. Remember : In this case the owner has sold the property to a third person by violating the rights of the tenant. Tenant has right to purchase the suit land under section 32-G or 32-O of tenancy act. According to the spirit of tenancy act the owner cannot make any transactions to a third party to defeat the purpose of tenancy act. Sachin Kalantre Friday, 07 December 2018

Transactions of Tribal Lands Agreement of Sale of Tribal Land Maganrao a non tribal executed an agreement of sale with a tribal owner for 2 hectare area of Gat NO. 135. He did not take any prior permission from government for this transaction as he is non-agriculturist. 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 taken. 4. Cancel the mutation as agreement of sale with possession of a tribal land by a non tribal can not take place without prior permission of government. Legal Provision : 1. MLRC 1966, Section 36 and 36(A) and Rules there under. Remember : Every agreement of sale with possession of property is nothing but transfer of occupancy by a tribal to a non tribal. It required prior permission of government. Sachin Kalantre Friday, 07 December 2018

Minor’s Transaction Vijay, Ramesh and minor Rajaram owned and cultivated agricultural land Gat No. 60. Ajay purchased the suit property from the owners. Guardian Vijay signed on behalf of minor Rajaram. Steps Involved : 1. Take mutation entry of sale deed to record. 2. Issue notices to all interested parties. 3. Certify the mutation entry of sale deed. Legal Provision : 1. Maharashtra Land Revenue Code 1966, section 149.150. 2. Hindu minority and Guardianship Act 1956, section 6, 8 and 12. Remember : Normally certifying officer asks for permission from civil court if any of the owner mentioned on 7/12 is a minor. However, as per Hindu Minority and Guardianship Act, the minor’s share in the Hindu Joint family required no prior permission of civil court (Supreme Court 1996/2371 Narayan Bal V/s Shridhar Sutar and others). But if minor’s separate share is being sold then prior permission of court is required on the basis of sale deed.   Sachin Kalantre Friday, 07 December 2018

Right of Way Chandrakant bought agricultural land in Gat No. 42. He bought the right of way through Gat No. 79 belonging to Vasant by a registered sale deed and requested to mutate his rights on 7/12. Steps Involved : 1. Take mutation entry of registered sale deed. 2. Issue notices to all interested parties. 3. Mutation entry should be certified to enter the right of way through Gat No. 79 on 7/12 on Gat No. 79. Legal Provision : 1. Maharashtra Land Revenue Code 1966, section 149, 150. Remember : Entry of right of way has to be taken on 7/12 extract of the same land through which right has been given. In this case, this entry has to be taken in other rights column of 7/12 of Gat No. 79 and not that of Gat No. 42. To prevent further litigation likely to take place in future generations, one must take timely such entries in other right column.   Sachin Kalantre Friday, 07 December 2018

THANKS Sachin Kalantre Friday, 07 December 2018