Sale Deed For Land Can't Be Executed By Person Whose Name In Mutation Entry Is Stayed: Allahabad High Court
1 year, 3 months ago

Sale Deed For Land Can't Be Executed By Person Whose Name In Mutation Entry Is Stayed: Allahabad High Court

Live Law  

The Allahabad High Court has held that a person whose name mutation as the tenure holder of a land has been stayed, cannot execute a sale deed for the said land. A civil appeal against the order of the Trial Court was allowed because the petitioner had executed a sale deed while the mutation of record in her favour had been stayed. The Court held that once that entry had been stayed, the petitioner could not execute a sale deed for the land. The Court held that since there was a stay operating on the entry by which the petitioner's name was to be recorded as tenure holder of the land in dispute, she did not have any right to execute the sale deed for the said land.

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History of this topic

Punjab: Naib tehsildar sacked for mutation of shamlat land
1 month ago

Punjab: Naib tehsildar sacked for mutation of shamlat land

Hindustan Times  

Punjab government on Wednesday dismissed naib tehsildar Varinderpal Singh Dhoot for allegedly sanctioning the mutation of shamlat at Seonk village in Kharar in favour of private individuals in 2016. The detailed inquiry revealed that Dhoot, while posted as naib tehsildar in Majri, SAS Nagar, had sanctioned mutation on September 28, 2016, transferring ownership of 10,365 kanals and 19 marlas of …

Amendment To UP Consolidation Of Holdings Act Doesn't Require Registration Of Adoption Deeds Executed Before 01.01.1977: Allahabad HC
3 months ago

Amendment To UP Consolidation Of Holdings Act Doesn't Require Registration Of Adoption Deeds Executed Before 01.01.1977: Allahabad HC

Live Law  

While allowing a 40 year old writ petition, the Allahabad High Court has held that consolidation proceedings in the State of Uttar Pradesh cannot be overruled on the ground of non-registration of adoption deed when such deed was executed prior to 01.01.1977. Petitioner submitted that on the basis of adoption deed dated 25.10.1974, being the adopted son of the deceased, …

Unjustified For Bank To Proceed Against Property Based On Prior Settled Mortgage, When No New Mortgage Was Created: Kerala High Court
3 months, 3 weeks ago

Unjustified For Bank To Proceed Against Property Based On Prior Settled Mortgage, When No New Mortgage Was Created: Kerala High Court

Live Law  

The Kerala High Court has observed that it was not appropriate to proceed against the property of a guarantor who has not created mortgage over the property as collateral, merely because the guarantor had previously acted as a surety in another mortgage that has already been settled. In the case before the high court, the petitioner company mortgaged its property …

Alteration Of Settlement Records Impermissible Unless Registered Instrument Is Produced Before Relevant Officer Or Court: J&K High Court
4 months, 1 week ago

Alteration Of Settlement Records Impermissible Unless Registered Instrument Is Produced Before Relevant Officer Or Court: J&K High Court

Live Law  

Reiterating that a transfer of immovable property cannot be deemed valid unless it is executed in writing and registered as per the provisions of the Registration Act the Jammu and Kashmir and Ladakh High Court has emphasized that the alteration of settlement records is impermissible unless a registered instrument is produced before the relevant Revenue or Settlement Officer or Court. …

Telangana HC To Decide on Paigah Land Sale Deed to Nizam
1 year, 1 month ago

Telangana HC To Decide on Paigah Land Sale Deed to Nizam

Deccan Chronicle  

Hyderabad: The Telangana High Court will decide on whether the execution of a sale deed bearing document No. The common sale deed is said to have been executed for the transfer of approximately 38,70,720 shares of Paigah land at Hydernagar, Hasmathpet, Malkaram, Khaderabad, Ghansaiguda and other places to Mir Osman Ali Khan and one other by the members of the …

[Kerala Land Reforms Act] Mutation In Favour Of Third Party Has No Bearing On Proceedings Against Predecessor-In-Interest Over Excess Land: High Court
2 years ago

[Kerala Land Reforms Act] Mutation In Favour Of Third Party Has No Bearing On Proceedings Against Predecessor-In-Interest Over Excess Land: High Court

Live Law  

The Kerala High Court recently directed the mutation of land covered by two sale deeds in favour of the person who purchased the land, notwithstanding the fact that the predecessor-in-interest was allegedly holding the land in excess of the ceiling limit under Kerala Land Reforms Act. The Single Judge Bench of Justice Gopinath P. observed, "Even in respect of cases …

Mutation Entry In Revenue Records Neither Creates Nor Extinguishes Title To Property: Uttarakhand High Court
2 years, 6 months ago

Mutation Entry In Revenue Records Neither Creates Nor Extinguishes Title To Property: Uttarakhand High Court

Live Law  

The Uttarakhand High Court has reiterated that mutation of property in revenue records neither creates nor extinguishes title to the property nor has it any presumptive value on title. 1 & 2 seeking mutation of their name in a property in place of petitioner, in revenue records, on the strength of a sale deed alleged to have been executed in …

Mutation Entry Does Not Confer Any Right, Title Or Interest In Favour Of Any Person: Supreme Court
3 years, 6 months ago

Mutation Entry Does Not Confer Any Right, Title Or Interest In Favour Of Any Person: Supreme Court

Live Law  

The Supreme Court observed that mutation entry in the revenue record is only for fiscal purposes and does not confer any right, title or interest in favour of a person. "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 will, the party …

Registering Authority Cannot Cancel/Set Aside An Already Registered Sale Deed: Allahabad HC (FB) [Read Order]
6 years, 10 months ago

Registering Authority Cannot Cancel/Set Aside An Already Registered Sale Deed: Allahabad HC (FB) [Read Order]

Live Law  

‘Once a sale deed has been registered, the registering authority is having no power or authority under the Act, 1908 to cancel the registration, even if an allegation of impersonation/fraud is alleged.’The Full Bench of Allahabad High Court in Kusum Lata vs. State of UP has held that a registered sale deed cannot be cancelled or set aside by registering …

Subsequent Purchasers Have No Locus To Challenge Already-completed Acquisition: Allahabad HC [Read Judgment]
7 years, 8 months ago

Subsequent Purchasers Have No Locus To Challenge Already-completed Acquisition: Allahabad HC [Read Judgment]

Live Law  

While dismissing pleas challenging the acquisition of farm land which was completed in the year 1950, by some persons who claimed to have purchased the land later, the Allahabad High Court has observed that purchasers, subsequent to notifications u/s 4 & 6 of the Land Acquisition Act, have no locus to challenge acquisition initiated and completed.The first bench comprising Chief. …

Subsequent Purchasers Have No Locus To Challenge Already-completed Acquisition: Allahabad HC [Read Judgment]
7 years, 8 months ago

Subsequent Purchasers Have No Locus To Challenge Already-completed Acquisition: Allahabad HC [Read Judgment]

Live Law  

While dismissing pleas challenging the acquisition of farm land which was completed in the year 1950, by some persons who claimed to have purchased the land later, the Allahabad High Court has observed that purchasers, subsequent to notifications u/s 4 & 6 of the Land Acquisition Act, have no locus to challenge acquisition initiated and completed.The first bench comprising Chief. …

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