Dehradun | 18 Oct, 2022 (3 months, 2 weeks ago)

Property Law

Punjab

I purchased plot from Mr X, sale deed registered in Jun 2008. My advocate confirmed that title of plot is clear. Mutation of land was completed and entry made in ROR on 14.08.2008. Now, someone else (Say Mr B) has occupied the plot. On taking out details, it has come to light that Mr X sold same plot to Mr A in Nov 2007 (seven months prior to selling it to me). The mutation was not done by Mr A for 10 yrs (till 2017). Thereafter Mr A sold it to Mr B and the mutation was done on 11.08.2017. Please advise 1. Who is the rightful owner of the plot in such a case? 2. What action should I take against the seller Mr X? 3. What action can I take against Mr B who has now occupied the plot? 4. Can I file a complaint against the Registrar for doing wrongful mutation because the original mutation had already been done in my favour? 5. Any other action that I should take in the complete matter?
Answers
18 Oct, 2022 | 13:11

Dear Sir,
If the mutation of land was completed in your name and entry made in ROR on 14.08.2008, the mutation done on 11.08.2017, is illegal. Based on the given facts, answering your questions:
1. You are the rightful owner of the plot.
2. & 3. A complaint may be filed against Mr. X and suit be initiated, making Mr. A & Mr. B a party.
4. Yes, you may file a complaint against the Registrar for doing wrongful mutation because the original mutation had already been done.

However, for further legal advice, I need to check the mutation papers for details.
You may reach out to me at advakshaylal@gmail.com or 9818566928.

Regards,
Adv. Akshay Lal
Taarkik Legal - Advocates & Consultants


punjab-1887672

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