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how to raise objection in Mutation or transfer of property
22-Sep-2023 (In Civil Law)
• My father died on 25.2.1967 and mother on 29-10-2017. • We are 4 sisters only(legal heir). 2 of us are married and living with family in delhi and barielley respectively. • one is divorced (Sister A) and another unmarried (Sister B) (were living with my mother). ok • 4 months back a notarized (unregistered) will made in may, 2000 came to light in which she has made sister A and B only beneficiary of the property. (5 acres of Agriculture property). • They have filed an application in tehsil for transfer/mutation in their name. • The property is ancestral. (actually bought by great grandfather) • What should/can I do to challenge this. • Property belongs to RamNagar, Dist Nainital Uttarakhand We are Hindu
You will have to challenge th will as it is not registered. As it is unregistered will they will have to get probate from the district court. Until that mutation is not possible. So raise the objection and challenge the will.
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Adv. Manish Kumar Pandey
Haldwani | 100+ Answers
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What is the Supreme Court judgment on mutation entry?
Inder Kaur, (1996) 6 SCC 223 the Supreme Court held the mutation of property in a revenue record did not create or extinguish a title and it had no presumptive worth on the title. It is only for the person whose mutation has been ordered to pay land revenue. (dead), by L.Rs.
Who can object for mutation?
If there is any objection to the change, it is forwarded to the sun divisional magistrate in the area. Anyone who is aggrieved with an order for mutation can appeal to the Deputy Commissioner within 30 days. 11-Apr-2010
How mutation can be challenged?
If a suit has been filed or is intended to be filed, a mutation can be corrected/challenged based on the outcome of that suit...
Can mutation be Cancelled?
You can cancel a mutation by writing a letter to the Collector and Controller of Revenue, with a CC addressed to its Commissioner Office. This letter should explain that the current mutation on a persons name has been made incorrectly or is defective.
I presume that nobody was married when your father passed away. So accordingly the property should be transferred equally to everyone after him. Also, a will cannot be made in case of ancestral property. You should make an objection to mutation proceeding in tehsil. Also a suit can be filed challenging the will in civil court. If it is forged than a criminal case can also be filed.
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Adv. Rakshit Joshi
Nainital | 25+ Answers
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If any objection is made orally or written to the competent authorities to an entry made in sub-section (3) of the register mutations, the details shall be entered into the register of disputed case and the competent authority will immediately give a written acknowledgment in prescribed form.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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