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On what grounds can a circle officer reject mutation of gift deed.
14-Dec-2023 (In Property Law)
I am hindu and my husband has been gifted a property (gift deed) by grand mother (granny) who does not have any son and only one daughter ( my mother in law) .In the Gift deed both granny and Mother in laws both have signed . The main problem is Circle Officer is not doing mutation as he is saying that he has never done mutation of gift deed so he will not do . On what ground he can reject the mutation application.
It is well settled that mutation of land does not create any right and title in favour of one or another. It merely allows a person to have his name entered in Register-11 for purposes of payment of rent. If any application for mutation is preferred, the competent authority cannot refuse.
Write an application addressing CO for mutation of the aforesaid land and the receiving in writing. If he rejects your application/ no action is being take on your application,
File a writ petition in High Court for a direction to the Circle Officer, for mutation of the said land in your favour.
Write an application addressing CO for mutation of the aforesaid land and the receiving in writing. If he rejects your application/ no action is being take on your application,
File a writ petition in High Court for a direction to the Circle Officer, for mutation of the said land in your favour.
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Adv. Ishan Rohan
Ranchi | 200+ Answers
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What is the Supreme court order on mutation entry?
Inder Kaur, (1996) 6 SCC 223 the Supreme Court held the mutation of property in the record of revenue does not create a title or extinguish it nor does it give a presumptive worth to the title. It is only possible for the person who has been ordered to pay land revenue by virtue of the mutation.
What is Article 58 of the Limitation Act?
The Limitation Act stipulates that possession can only be initiated within three years of the date the Limitation Act is enacted. The respondent brought the current suit to declare his ownership of the suit property. Only Article 58 is applicable.
What is the limitation period for cancellation of mutation?
A buyer or seller who wishes to cancel a mutation can appeal the decision before the Additional Collector. A buyer or seller can appeal within 30 days after the order of mutation.
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