Can mutation of the property done during the pendency of revenue recovery proceedings?

The mutation means transfer of registry subsequent to the sale of the property. When a sale deed is executed in Sub Registrars Office, naturally the ownership need also be changed in the Mutation Register kept in Village Office.

Usually, if an attachment or recovery proceedings is initiated on the subject matter, the Village Officers hesitate to effect the transfer in the registry. The matter is distinguished by Kerala High Court on a couple of cases, by Js Antony Dominic. It was held that, the effect of mutation in the name of new owner cannot be stalled for the reason that the revenue recovery proceedings are pending. It is further clarified in the order that, even if mutation is effected, the revenue recovery proceedings can be initiated against the new owner.!