• Someone else got patta for the land registered in my dad's name

My dad bought a land few years back from an old lady who was the soul owner of that land. My dad just registered the land in his name without pattaa. Recently while trying to get pattaa for that land, we came to know that the lady's son got pattaa for the same land 2 years back. How can someone get the pattaa for the land which is registered in others name.Is it possible to file a case against the officials ( VAO, thasildhar) who helped them with the pattaa.
Asked 6 years ago in Property Law
Religion: Christian

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11 Answers

1.  File a Civil Suit for declaration and cancellation of patta, in the local civil court, by following due procedures of law and with supporting documentary evidences and witnesses.

2.  IF you suspect some forgery or cheating THEN

a)  You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the person/s, supported with all relevant supporting documents.

3. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person/s may come down for settlement.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1)approach the revenue authorities to remove patta granted in son name 

 

2) enclose copy of sale deed by which your father purchased the land 

 

3) if they refuse take legal proceedings to set aside mutation of land done in name of son 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

File FIR, patta is illegally issued in his name.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Hi

Meetup with the concerned VAO / Tahsildhar and share your case with them.

Enclose a copy of Sale Deed which your father bought from old lady.

Question the mutation carried out in her son's name.

Issue notice to that effect questioning the Mutation in her son's name.

If they do not incorporate your father's name file case against the erring officials also seek removal of her son's name from the Revenue Records.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Which was earliest, patta or sale deed?

Have you applied for encumbrance?

G.Rajaganapathy 

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

Its is a illegal thing you can file a complaint against the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Patta is a revenue record, and by itself is not a document of title. Does your father's name appear in the joint patta? You may verify online in TN. If so, you may apply for an individual patta in your father's name. Depending on the response from the Revenue Dept. officials, you make take further steps.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

A Patta is registered by the Tehsildar of that particular area.To get your name registered under the Patta, you have to make an application to the Tehsildar, requesting him to get your name registered.as property bought by you from soul owner enclosed certifiied copy of sale deed. He could after examining the application either accept the application or will reject it. incase if he reject you have to challenge before Civil court. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You need to file suit against the son and Tehsildar of your area for mandatory injunction for updating your father name in patta record.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Since the property was purchased by your father by a registered deed, he may apply for transfer of patta to his name and wait for the authorities clarifications if any.

If the Thasildar  is not cooperation then you may file a suit seeking directions to the Tehsildar on this.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that your dad has legal right over the land irrespective of the pattaa being on someone else’s name as he had got it registered much prior to this new pattaa as of now.
  2. You should first inspect the public register which contains all the information of property and then see who has done approved it.
  3. Them make a representation to the department seeking answer to your query.
  4. If they don’t reply then approach the Hon’ble High Court under Writ Jurisdiction seeking immediate removal of the newly pattaaa name and direction for the staff to clarify.
  5. After this once you get the order then proceed for FIR to make your case more strong.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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