Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Difference between Mutation and Khasra Girdawari in relation to sale of share in joint Khata by co-sharer - Mutation of land purchased cannot be sanctioned qua specific khasra number - Khasra Girdawari can be recorded with respect to specific number possession of which is received by transferee from transferor..........
Mutation - - Sanction of mutation - Murder - Mutation sanctioned in the name of mother and wife of the deceased in equal shares - Plea that wife charged for murder of her deceased husband and criminal complaint was pending against her not entitled to succeed to his property - The plea not either supported by any judicial pronouncement or by any provision of law - No..........
Will -- Suspicious circumstances - Beneficiary not applied for probate or mutation of the property in his name soon after the death of testator - Not a suspicious circumstance...........
Punjab Land Revenue Act, 1887, Section 16, 34 -- Mutation on the basis of Will - Two Wills - one registered and another unregistered - AC 1st Grade after considereing evidence upheld Registered Will - Collector upheld the order of Assistant Collector - Commissioner rejected the registered Will on the ground that execution of Will shrouded by suspicious circumstances and..........
Punjab Land Revenue Act, 1887, Section 16, 34 -- Mutation of Inheritance on the basis of presumed death - Having not heard for over seven years - Land should not be mutated in favour of heirs, untill and unless it is proved beyond reasonable doubt, that a person is no longer alive - Mutation declined...........
Punjab Land Record Manual -- Prara 7.19 - Sale of share in shamlat land - Part of land sold in 1980 - Mutation sanctioned in 1983 - After the death of vendor in 1994, vendee claimed that entire land including share in shamlat land was also sold to him - No mention of sale of share in shamlat deh or thola deh in sale deed. Held - If a deed does not specifically mentions..........
Punjab Land Revenue Act, 1887, Section 36 -- Correction of Khasra Girdwari - Land owner died issue less - Application for correction of Khasra Girdwari - Spot inspection by AC IInd grade to verify cultivating possession - Found no person in effective and settled possession - Dispute regarding mutation/succession pending - Mutation of inheritence sanctioned in favour of..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation - Sanctioned in favour of adopted son - Challenged after lapse of more than 8 years - Commissioner on trivial facts entertained hopelessly time barred matter- Also observed that in absence of adoption deed on record mutation cannot be sanctioned without proof of adoption - Adoptive parents admitting factum..........
Transfer of Property Act, 1882, Section 54 -- Nature of transaction - Nominal sale deed - Plaintiff took loan of Rs. 400/- - Sale deed executed as surety in favour of Defendant - Agreement with regard to reconveyance of property on repayment of loan amount within 3 years also executed - Plaintiff failed to repay the loan - Mutation of property entered in favour of..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11 - - Collector had come to categoric finding that the land in question was shown as the ownership of the Nagar Panchayat from 1962-63 and that Nagar Panchayat has been in possession of the said land - The mutation sanctioned in favour of Gram Panchayat having not been challenged, the petitioner estopped from..........