• Successor Mutation related

I had 0.5 acres land in name of my late mother with updated rent receipt till 2019-2020 with possession. Opponent party claiming as vendee showing registered sale deed - 2002 and mutation in 2003 . 
opponent party mutation has been cancelled by court of L.R.D.C due to forgery and now opponent party has approached court of D.C regarding their mutation and case has been admitted in Nov 2018.

Now I want to do successor mutation as a only son of my late mother having sale deed, mutation, rent receipt , legal heir certificate and Panji II record.

Please suggest will mere admission of case in D.C court will restrict me to do the successor mutation.
Asked 6 years ago in Civil Law

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10 Answers

in view of pending case mutation of property would not be done in your name 

 

2) wait for disposal of case in DC court 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

The opposite party has done mutation in the revenue records as you have stated. Find out more about it and whether he has done so and how.

Till the matter is subjudice nobody can sell or alienate the property and moreover you have the possession therefore fight the case against the person before the dc. If no stay order has been taken by the opponent then you can perform mutation.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You have to wait till disposal of case then only you can apply for mutation. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear Client,

Mere admission has not effect on your status and you are in active possession of land and with registered sale deed. Better file criminal case again the party for forgery and cheating.

On the basis of LHC, get it mutated in your name.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Not at all because mutation proceedings are separate proceedings start immediately but don't forget to be a party to the case/appeal/revision pending before DC.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Dear Sir,

Unless there is a stay your applications are change of khata in your name cannot be stop.  In the meanwhile try to file suit for permanent injunction and take restrain order against them.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Hi,

The mere admission of case will not hamper your right until and unless the mutation is banned by court. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

No any injunction  order in the same will restrict you

 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

If the court has admitted the case then you have to contested and definitely the truth will prevail you need to submit all your documents in the court in contest of the cancellation of his sale deed and your possession on the property

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Admission by DC court on the appeal can be challenged in high court by filing a writ petition.

If the decision is agaisnt you then gather all the evidences and file a writ petition before high court to get the case pending before DC quashed.

you cannot apply for mutation to your name till the dispute is disposed.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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