My uncle and cousins (sons of another uncle) both have quietly partitioned our ancestral land in village and got their names entered in 7/12 extract whereas my father and one more uncle also have their ancestral rights in the farm land. How can we do mutation entery of our names also in the same land ? They are not ready to come forward for any paper work or signatures and quietly enjoying the property. -- Krishna Kumar, Vasai, Thane
Reply:
The Land Revenue Dept’s Mutation entry is only for land tax purposes. The entries in the revenue records are basically for the revenue purpose and do not by themselves constitute title to the property in favour of any person. Such entries can undoubtedly be corroborative piece of evidence to establish certain rights of the parties in relation to the property but they themselves cannot create any title in favour of any person in relation to immovable property.
You need to file civil suit for partition with declaratory reliefs.
Ibrahim Deshmukh
Legal Consultant
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www.law-india.com