Mutation Cases group 2 Sachin Kalantre Deputy Collector

Mutation – Cases group 2 Sachin Kalantre Deputy Collector & Registrar , YASHADA

Cheating Alleged � Sangram made a registered sale deed in favour of Vijay after paying sale value. Still Sangram alleged that he was cheated and mutation should not be effected to Record of Rights. Steps Involved : 1. Mutation Entry taken to village record after receipt of application and sale deed. 2. Notices to both seller and buyer. 3. Entry taken in disputed mutation register. 4. Hearing of the case by issuing notices to both sides. 5. Judgment delivered with a decision to certify the mutation. 6. Correction of 7 -12 Legal Provision : 1. Indian Registration Act 1908, Section 17. 2. Maharashtra Land Revenue Code 1966, Section 149 and 150. 3. Indian Evidence Act 1872, Section 91 and 92. Remember : As per section 91 and 92 of Indian Evidence Act 1872, oral evidence Sachin Kalantre against the document has no importance. 20 February 2021 2

Purchase by Proposed Housing Society (Residential Zone) � Shyam, who is non-agriculturist, as the Chairman of proposed Sindhu Cooperative Housing Society purchased agricultural land in residential zone situated in Municipal Corporation limits. This municipal Corporation area is exempted under section 88 (1) (b) of Tenancy Act. Steps Involved : 1. Mutation Entry be taken to record. 2. All concerned parties are issued notices. 3. Check whether Urban Land Ceiling Act is applicable? And whether requisite permission under Urban Land Ceiling Act is obtained? 4. The land is situated in Municipal limits and notifications under section 88 (1) (b) is issued under Bombay tenancy act and Agricultural Lands Act 1948, indicating that section 1 to 87 are not applicable. 5. Therefore, section 63 of Bombay Tenancy and Agricultural Act 1948 which bars the nonagriculturist from buying agricultural land is not applicable in this case. 6. Hence, even though, Ramesh is not an agriculturist the purchase is valid. 7. 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 agricultural land in residential zone and person purchasing the same is also non-agriculturist, still mutation can be certified 3 Sachin Kalantre 20 February 2021

Conditional Sale Deed � Ramakant sold his agricultural land to Das in 1978. While selling the land, Ramakant put a condition that Das should not further sell this land to any other third party. However, in 1999, Das sold this land to Baban and this transaction was objected by Ramakant. Steps Involved : 1. Mutation be taken to record. 2. Notices issued to concerned parties. 3. Hearing given to all parties in a dispute case and judgment passed to certify the mutation. Legal Provision : 1. Transfer of Property Act 1882, section 10, 54 Remember : The word “sell” has been defined in section 54 of Transfer of Property Act 1882. It means transfer of ownership rights in lieu of sell amount. According to section 10, any condition put after complete sell is meaningless. Therefore, after accepting the market greed upon by parties, the condition put by Ramakant Sachin Kalantre 20 February 2021 4 price becomes infructuous. Hence the complaint be rejected and mutation

Few Purchasers Non-Agriculturists � Nandkumar, Sumerkumar, Ajinkya and Yash were friends who bought 5 acre agricultural land in common. They were asked to produce evidence regarding their status as agriculturists. Nandkumar and Ajinkya could not produce the evidence of being agriculturist. Steps Involved : 1. Take mutation of sale deed to record. 2. Issue notices to all interested parties. 3. Ask evidence from purchasers regarding their status as agriculturist. 4. Cancel the mutation to be extent of share of Nandkumar and Ajinkya. 5. Certify the mutation of Sumerkumar and Yash. 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 : Out of 4 purchasers 2 are Agriculturists and 2 are non agriculturists. The non -agriculturists are barred from buying agricultural land in Maharashtra. If no specific share is mentioned in the sale deed then every buyer gets equal share. Sachin Kalantre 20 February 2021 5

Original Owner Dead � Sanjay purchased a piece of land from Raju, the Power of Attorney holder of original owner Dilipkumar on 30/09/06. The mutation was taken and notices issued to all parties, when it was revealed that owner Dilipkumar died in 1993. Steps Involved : 1. Take mutation of sale deed to record. 2. Issue notices to all concerned parties. 3. Take resolution of heirship of Dilipkumar and his heirs in 6 C heirship register. But do not take heirship mutation in the Mutation Register. 4. Cancel the mutation as the document of power of attorney had become infructuous as far as the sale deed is concerned. Legal Provision : 1. Transfer of Property Act 1882, section 44. 2. Hindu Succession Act 1956, section 8. 3. Power of attorney Act 1882. Remember : The document of Power of Attorney becomes in infructuous once the person making it dies. Therefore, Raju had no authority to act on behalf of Dilipkumar since he died in 1993. Therefore, anybody purchasing property form a Power of Attorney holder must check the credibility of document as well as person holding it. He should as far as possible try to contact and make transaction directly with Sachin Kalantre 20 February 2021 6 owner.

POA on the Basis POA � Digamber gave his near relative Kiran a power of attorney (POA) on his behalf with respected to land Gat No. 75. In the POA he had authorized Kiran to appeal on his belaf, to raise loan if required, and to sell the land with prior consent of owner. After one year Kiran gave another power of attorney to Shrikant and Shrikant sold the land Gat No. 75 to Sheshrao. The orginal POA document did not mention the power to give POA to a third party. Steps Involved : 1. Take mutation of sale deed to record. 2. Issue notices to all interested parties. 3. Cancel the mutation as the original POA given by owner Degamber did not give rights to POA holder to give another POA to a third party. Legal Provision : 1. Transfer of Property Act 1882, section 54. 2. Power of attorney Act 1882. Remember : As per POA given by Digamber, Kiran was expected to act for the benefit and interest of owner. But Kiran acted like owner himself and that too against interests of owner Digamber. Therefore Kiran’s act of giving POA to a third party and sale of land without any knowledge to original owner cannot be said to be have effected on behalf of owner. Hence the sale transaction has taken place without any authority to Shrikant. Each POA has to be read minutely, to see what rights are confirmed on holder, Sachin Kalantre anything done or did more than right confirmed makes it without authority. 20 February 2021 7

Heir ship Transactions - Dispute Among Heirs � After land owner, Ekanath’s death his elder son Nitin and younger son Divyajeet submitted application and affidavit for making heirship entry to the record. He also submitted two release deeds of his sisters Nita and Gita. However, before decision was taken on his mutation another sister Bina raised an objection claiming to be the heir and daughter of Ekanath. Her brothers and Nita objected her right as daughter because she did not take care of her father in his last days. Steps Involved : 1. Take entry of death of Ekanath in heirship register 6 (c ) 2. Conduct local enquiry. 3. Give opportunity of hearing to all concerned heirs. 4. Pass the heirship resolution and the heirship mutation entry to include the name of daughter Bina. Legal Provision : 1. Hindu Succession Act 1956, Section 8. 2. MLRC 1966 and Record of Right rules, 1971. Remember : The legal right of a successor daughter can not simply be denied on the ground that she did not look after her father during his last days of illness. Therefore all entitled heirs must get their right of succession. 8 Sachin Kalantre 20 February 2021

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. 9 Sachin Kalantre 20 February 2021

Transactions by Co-Sharers Sale by Co-Sharer � On 7/12 extract of a property names of three brothers Rajesh, Girish and Madhav came to be entered as heirs of original owner Arjun. After few years, one cosharer Madhav sold 40 R undivided land out of total 2 hectare holding. Steps Involved : 1. Take mutation of sale deed to record. 2. Issue notices to all concerned parties. 3. All the co-sharers be given opportunity of hearing. 4. Verify whether partition has taken place among co-sharer-brothers. 5. Certify the mutation of sale deed. Legal Provision : 1. Indian Registration Act 1908, section 17. 2. Maharashtra Land Revenue Code 1966, section 85. 3. Transfer of Property Act 1882, section 44. Remember : According to section 44 of Transfer of Property act 1882, co-sharer can sell his hare of land. Therefore, even though the property is not partitioned among co-sharers, any one co-sharer can sell his share or undivided property and the buyer steps in the shoes of seller. 10 Sachin Kalantre 20 February 2021

Restriction of Section 43 of Tenancy Act � Yashwant has become owner of tenanted land Gat No. 150 under section 32 -G of Tenancy Act. Obviously the land was subjected to restrictions under section 43 of tenancy act. He sold this land to Ranga after obtaining prior permission of collector. Steps Involved : 1. Take mutation entry of sale deed. 2. Issue notices to all interested parties. 3. Verify whether prior permission has been given by Collector / SDO. 4. Certify the mutation entry. Legal Provision : 1. Bombay Tenancy and Agricultural Lands Act 1948, section 43 and rule 25. Remember : If a tenant becomes owner of any tenanted land then such land is put to restrictions under section 43 of tenancy act and accordingly tenant is required to take prior permission to sale such lands. The various conditions under permission can be given by the collector Sachin Kalantre 20 February 2021 11 are prescribed in rule 25 of tenancy act.

Injunction by Civil Court � Gaurav sold his agricultural land to Tulasi on 09/03/2003. At the time of mutation entry Gaurav’s brother Hemant produced an injunction order dated 28/2/2003 issued by Hon’ble Civil Court directing Gaurav not to sale the property. However Hemant’s name does not appear anywhere on 7/12 extract to mutate his rights on 7/12. Steps Involved : 1. Take mutation of sale deed to record. 2. Issue notices to all interested parties. 3. Conduct hearing in the dispute case. 4. Cancel the mutation entry. Legal Provision : 1. Transfer of Property Acts 1882, Section 54. 2. Injunction order issued by Hon’ble Civil Court under order 39 Rule 3. Remember : If there is specific order of civil court prohibiting transfer of any particular land, then that must be considered at the time of certification of mutation. As per Kesharial Jivagi Shaha Vs. Bank of Maharashtra, 2004 ( 3 MNJJ 893) case law transaction should not be registered when here is specific injunction by court. Sachin Kalantre 20 February 2021 12

Lease Agreement of Tribal Land � Jiva, a tribal was in need of money. He made registered lease deed of his land for 4 years period after borrowing for mutation in record of rights. Steps Involved : 1. Take mutation of lease deed to record. 2. Issue notices to all interested parties. 3. Check whether collector has given prior approval to lease deed. 4. If prior or permission is not obtained then cancel the mutation entry. Legal Provision : 1. MLRC 1966, Section 36 and 36(A). Remember : Tribal land can not be sold or given on lease to a non-tribal without prior approval of government. Permission of lease of Sachin Kalantre 20 February 2021 13 tribal land to a non-tribal up to 5 years period can be given by

Subjudice Matter � Harish purchased agricultural land survey number 55 from Prakash. Kamlakar, a third person gave a complaint that he has filed a civil suit against Prakash (regarding dispute over cultivation) and therefore name of Harish should be not entered in record of rights. Steps Involved : 1. Take mutation entry of sale deed. 2. Issue notices to all interested parties. 3. Conduct hearing in a disputed case. 4. Check whether civil court has given any injunction order or prohibitory order for not selling the land. 5. Cancel the mutation if there is specific order of civil court prohibiting transfer of land. Otherwise certify the mutation. Legal Provision : 1. Maharashtra Land Revenue Code 1966, section 149. 150. Remember : In this case the complainant Kamlakar has stated that he was filed civil suit regarding dispute over cultivation of land. However, he has not produced any order of civil court prohibiting the transfer of land. Since revenue court is only the recording authority for rights accrued, the name of purchaser must be Sachin Kalantre 20 February 2021 14 mutated in record of rights.

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