• Patta land purchase

Hello Sir,

I had purchased a land in a Inam Village. Ryotwari patta was issued to the Ryot in 2004 and I had purchased the land from the Ryot and I got it registered in my name through registered sale deed.

Now the daughters of the Ryot are contesting that they will have share in the land and had filed a case against the land.

Does a patta confer 100% title to whom the patta was issued or does their children also have the right in the property?

Does this make any difference in Inam lands and can I check for a case law in this regard.

Thanks,
Asked 3 years ago in Property Law
Religion: Hindu

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

5 Answers

Where the land revenue was imposed directly on the ryots (the individual cultivators who actually worked the land) the system of assessment was known as ryotwari. ... Under the Ryotwari System every registered holder of land is recognised as its proprietor, and pays direct to Government.

2) once registered sale deed is executed you would be owner of land 

 

3) daughters would have no share in the land during the seller lifetime 

Ajay Sethi
Advocate, Mumbai
97659 Answers
7905 Consultations

Since the Inam land is allotted for occupancy or ten ency rights only, the inamdar cannot alienate the proeprty by sale  without the permission of the Commissioner of the land  revenue. 

If this violated then the sale be rendered as invalid if it is brought to the notice of the competent authority/revenue department

 Under the Ryotwari System every registered holder of land is recognised as its proprietor, and pays direct to Government.

Section 11 of Andhra  Tenancy  Act: where a  person is in occupation of inam land is prima facie entitled to ryotwari patta as per section 4 of the act.

If the ryotwari patta has been granted to the ryot then he becomes the owner of the landed property with clear title to his name, however he may have to abide by the conditions imposed while granting the inam land to him as a ryot, for proceeding with the alienation. 

If the conditions were violated then the sale of land to a third person may be rendered as invalid. 

You may confirm that if they have filed the suit invoking section 4 of the HSA .

Whatever, you may have to challenge the same on merits and documentary evidences in your support. 

T Kalaiselvan
Advocate, Vellore
87861 Answers
2366 Consultations

 

Dear Sir,

The inamdar cannot alienate the proeprty by sale without the permission as he only has tenancy rights . If this is violated then the sale be then it will be invalid if it is brought to the notice of the competent authority/revenue department

Under the Ryotwari System person who is the  registered holder of land shall pay the Govt, directly.

If the patta is granted to a person he becomes the owner of such property provided certain conditions must be adhered , If the conditions were violated then the sale of land to a third person may be rendered as invalid.

Thank You

Anik Miu
Advocate, Bangalore
10435 Answers
121 Consultations

- As per law , legal heirs cannot claim any right over the property during the life time of owner of the property. 

- However, for selling the Inam land , one should get free hold of the property from the office of the district collector.

- Further without getting free hold of the land , it also cannot be shared as well. 

Mohammed Shahzad
Advocate, Delhi
14798 Answers
225 Consultations

Yes if the property is ancestral then succession laws will apply for share. If self acquired then it's the will of that person

Prashant Nayak
Advocate, Mumbai
32967 Answers
211 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer