It is necessary that the mutation chain in respect of a property should be complete and unbroken. You have said that initially the property stood in the name of R in the mutation records. R had sold it to Q and then Q sold it to P. Now, without a copy of the sale deed between R and Q, and also without there being any mutation entry of this transfer between R and Q, how will anybody know for sure whether R had actually sold the property to Q? In the absence of proof of title of Q to this property, how he could sell this property to P, and how did P purchase it from Q?
In fact, generally, when a sale transaction takes place in respect of an immovable property, the buyer takes all previous sale deeds from the seller to complete the chain. At least, all sale deeds to complete the chain from the last mutation entry should be taken. Therefore, it is not understood why did P not ask for previous sale deeds in the chain.
In the absence of the complete chain, the mutation authorities have no way of finding out whether the last sale deed is genuine. Therefore, P should get the sale deed between Q and R and produce it before the authorities concerned for mutation.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
.
