Mutation Certificate - The Legal Chamber

The Supreme Court struck down sub-rules (xvii) and (xviii) of Rule 19 of the Bihar Registration Rules, 2019, holding them ultra vires the Registration Act, 1908. The Court ruled that the rule-making power under Section 69 does not authorize registering authorities to demand proof of mutation or title as a precondition for document registration, deeming such a requirement arbitrary and beyond the scope of the Act. Facts Of The Case: The case originated from challenges to the 2019 amendments to the Bihar Registration Rules, 1989, specifically the introduction of sub-rules (xvii) and (xviii) to Rule 19. These new rules empowered registering authorities to refuse registration of a sale or gift deed if the document did not mention, and the seller did not produce proof of, a "jamabandi a...

This Supreme Court judgment reaffirms the extensive authority of a Hindu Undivided Family (HUF) Karta to alienate coparcenary property for legal necessity. The Supreme Court clarified that expenses from a daughter's marriage, even if incurred years prior, can create a financial necessity justifying a subsequent sale. The alienee discharges their burden by establishing a nexus to such necessity, and is not required to prove how the sale consideration was distributed amongst coparceners, as that lies within their special knowledge. Facts Of The Case: The case involved a dispute over a piece of ancestral land belonging to a Hindu Undivided Family (HUF), with the father as its Karta. The plaintiff, one of the sons, sued his father and brothers after the Karta sold the suit land to the appell...

Tag: Mutation Certificate

Supreme Court: Registration Authorities Can’t Demand Mutation Proof Before Registering a Sale

Buyer Protected: Supreme Court Validates Sale of HUF Property Made in Good Faith