Legal Question in Real Estate Law in India
I am a Loan Officer in a nationalised bank.One of our applicant owns a residential property in Rural Abadi area.The property is in possession for the last 12 years which was purchased 12 years back.In such a situation should Bank insist on mutation in favour of the applicant. In place of mutation the applicant has submitted a report by Tehsildar ststing possession of the applicant of the said property for the last 12 years.Our advocate says there is no need of mutation in such cases.What is the exact legal position of non mutation of property in such cases.I shall be personally obliged by your advise.
4 Answers from Attorneys
as an officer of the bank, you need to insist upon mutation as possession does not ipso facto prove the ownership of property.
Mutation is mandatory.
You should insist for mutation else the property may be sold to some one else prior to the sale of your customer and he had got the mutation done then your job will be in trouble.
Good luck.
If it is in punjab then i can conferm that there must be hanky panky.
Regards
Advocate Chandigarh
09814110005
All depends on reasons for which mutation could not be done - the reasons could be title not legal, possession not legal, order of court etc.
It is also equally true that mutation of name is not sine qua non of perfect title.
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