Son of the seller came and filed an objection against the mutation proceedings. My father purchased a piece of land for seventy lakh rupees. The seller after receiving of sale proceeds duly executed a sale deed. There was no dispute regarding the title and ownership of the seller. When the sale deed was executed, the son was also present in the registrar office. At that time he did not object to the transfer of property by way of sale deed. But after the execution of sale deed and presentation of application for the mutation of name of buyer he filed an objection. My advocate says that I should compromise with him and pay him some money to get the mutation. But I think that it is an immoral and illegal act. Why did I pay an additional price to the son of the seller who has no locus standi to challenge the mutation proceedings?
No need to pay any money to the son of the seller. The sale deed was executed in lieu of money. You have paid seventy lakh rupees as the sale consideration. The son of the seller has no objection about the receipt of sale proceeds. After the digestion of the sale proceeds he came into picture to extort money from you.
If a sale deed is duly executed by a person who had the right to sell that land, later on his legal heir cannot raise an objection against the mutation. The mutation proceeding is a summary proceeding. In this proceeding the Tehsildar has no power to adjudicate the rights and title of the land.
The Tehsildar shall mutate the name of buyer upon satisfaction of these facts:
- If the sale deed is duly executed,
- Seller has the right to alienate that land by sale,
- Name of seller is reflection in khatauni,
- Seller has sold his share of land,
- Buyer has paid full consideration,
- Including this land the buyer has possessed land within the ceiling limit of 12.5 acre
- Absence of restrictions on the sale of land like land belonging to scheduled caste (SC) or scheduled tribe (ST) community and the buyer is non SC/ST.
If the above said criterias are met, the Tehsildar shall mutate the land despite receiving the objection from the son of the seller against the mutation proceedings. The Tehsildar shall reject the objection because there is no legal impediment in sale deed, consideration, execution and transfer of land by sale.
