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My father did not do mutation 

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

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Question: My father did not do mutation after purchasing a land. A plot purchased by my father in 1991. He died in 2017 with no mutation etc done on this property due to some family disputes. Now I got information that this property of my father is sold and my family is involved in this. What should I do?

Asked from: Uttar Pradesh

You cannot do anything against the buyer. He is a bona fide purchaser of that land. Mutation is evidence of possession in respect of the land mentioned in the khatauni. Khatauni is an important piece of revenue record. 

But the land can be sold without mutation. However, there is a risk in purchasing land which has not mutated in the name of the seller. But, there is no law which mandates that mutation is necessary for sale. A valid sale deed is a legal document to prove ownership.

There is no dispute about ownership because a person cannot claim ownership on the basis of mutation. Hence, you cannot challenge the sale of that land only on the ground that your father did not do mutation.


Property has not been mutated since 1980: What should I do? 

Question: Property has not been mutated since 1980: What should I do? My grandfather purchased a property in 1980. Property is ancestral. The Sellers are 3 brothers and 2 sisters, property is partitioned verbally and 3 brothers sold this property to my grandfather due to lack of knowledge we can’t do mutation till now.now their son claims on the property..they wanted to take this property. What should I do? 

Asked from: Odisha

Mutation proves the possession of a person. If you have the possession over the land the claim of legal heirs of the seller doesn’t matter. 

Mutation does not prove ownership. If there is no dispute regarding the ownership you should move an application for mutilation of land in your name.

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shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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