Legal Question in Landlord & Tenant Law in India

Hi

My father purchased a land in 1982 & he died in 1986. After his death my mother's name was mutated as per order by the CIRCLE OFFICER in Register 2 in 1987. The receipt is still being issued in her name till date. 4 yrs ago when we went to see our property it was found that it is captured . On enquiry it was found that my dada had gifted this property to his daughter(my bua) in 1987 itself after my papa's death. My grand pa did this by proclaiming the said property to be purchased by him in name of his son(farzi or benami). But this is not correct because my father was earning at that time. Later on my bua got an order from S.D.O to get her name mutated in lieu of my mother's name. Hence her name is also mutated for the same land in register 2 but the mutation no. is differnt.

Later on my bua sold this land to another person in 1992 who is having his possession & his name is also mutated in register 2 till date.

My question is that 1) Can 2 mutation exists for the same piece of land? If no, then whose mutation is valid..

2) Does father have a right to gift his son's property after his son's death without taking consent of his son's wife & child?

2) What should we do to get our land back?


Asked on 5/27/16, 3:46 am

1 Answer from Attorneys

1) Title decides even two mutations took place.

2) No

3) File declaratory suit.

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Answered on 5/27/16, 5:04 am


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