LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Vargheese (IT)     26 January 2011

Patta for temple land

Hi,

I am new to this community and found this group while looking for some query over internet. I own a property at chennai which I bought 16 years back from an individual. I didnt have an patta at that time and have the property registered under my name.


Now when I am planning to sell the property, many buyers are wanting patta for the property. When I enquired the taluk office nearby, they say that area houses were part of temple land and they are not sure whether I would get patta but you can apply for it.

 

I did apply for patta at Tahsildars office as per the procedure informed to me over there and the status on there online system (Tiruvallur District ) showed as Patta Issued. When I further enquired they said meet the vao and he will arrange for the surveyor and the further steps. The vao again said its difficult to get patta on my land.

 

Now my basic questions are, can I get patta on my land If it was a temple land. I am residing at this location for the last 16 years and the property was sold to me legitimately and registered at the registrar's office and EC correctly shows my name on the property.


If I can apply for an patta for my property, please advise what are the various steps that I need to do to get the application moving.

 

Thanks



Learning

 9 Replies

Vargheese (IT)     28 January 2011

Thanks sir for your reply. I went up to the VAO to ask explanation about history of the land records and this is what he had to say. He said, as per records this belongs to so and so temple and hence its difficult to get the patta. However he said, If I could trace someone in the same locality having patta and get a copy of it or the temple autorities to get me a copy of there patta , then they can proceed with this further. Sir, please can you let me know whether temple land is not authorized to be bought and patta cant be issued

Vargheese (IT)     06 February 2011

Hi,


Further to this, my area currently under panchayat and does not come under corporation limit. The corporation limit is till porur, and its told that soon Poonamallee andKumananchavadi will come under corporation. Is it worth a wait to get cmda approval once we come under cmda and will I get cmda approval for my house based on registered papers and emcumbrance. Is patta a mandate for properties coming under cmda for the first time to get cmda approvval. Please someone clarify. ?

Vadivel (Software)     25 November 2014

Hello Madam,

Iam also  facing the same issue for my land

Please let me know how you resolved the issue

Thanks

shreeramachandran (SENIOR CITIZEN PENSIONER)     05 October 2015

There are laws about donating land to a trust for temple/charitable purposes. It was framed in 1882.Extracts given below.

5. Trust of immoveable property.-No trust in relation to
immoveable property is valid unless declared by a non-testamentary
instrument in writing signed by the author of the trust or the trustee
and registered, or by the will of the author of the trust or of the
trustee.
Trust of moveable property.-No trust in relation to moveable
property is valid unless declared as aforesaid, or unless the
ownership of the property is transferred to the trustee.
These rules do not apply where they would operate so as to
effectuate a fraud.
6. Creation of trust.-Subject to the provisions of section 5, a
trust is created when the author of the trust indicates with
reasonable certainty by any words or acts (a) an intention on his part
to create thereby a trust, (b) the purpose of the trust, (c) the
beneficiary, and (d) the trust-property, and (unless the trust is
declared by will or the author of the trust is himself to be the
trustee) transfers the trust-property to the trustee.

The trust-property is immoveable property which has been given to
the author of the trust by an unregistered instrument. Subject to the
provisions of the Indian Registration Act, 1877 (3 of 1877), 1* the
trustee's duty is to cause the instrument to be registered.
14. Trustee not to set up title adverse to beneficiary.-The
trustee must not for himself or another set up or aid any title to the
trust-property adverse to the interest of the beneficiary.
15. Care required from trustee.-A trustee is bound to deal

 

7. Who may create trusts.-A trust may be created--
(a) by every person competent to contract, 1* and,
(b) with the permission of a principal Civil Court of
original jurisdiction, by or on behalf of a minor;
but subject in each case to the law for the time being in force
as to the circumstances and extent in and to which the author of the
trust may dispose of the trust-property.
8. Subject of trust.-The subject-matter of a trust must be
property transferable to the beneficiary.
It must not be merely beneficial interest under a subsisting
trust.
9. Who may be beneficiary. Disclaimer by beneficiary.-Every
person capable of holding property may be a beneficiary.
A proposed beneficiary may renounce his interest under the trust
by disclaimer addressed to the trustee, or by setting up, with notice
of the trust, a claim inconsistent therewith.
10. Who may be trustee.-Every person capable of holding property
may be a trustee; but, where the trust involves the exercise of
discretion, he cannot execute it unless he is competent to contract.

The creation or donation of the non movable property should have been registered in favor of deity for  a specific purpose of expenditure. 

Only a clear title holder can do it by registering it. The document must specify the trustee to administer it . Ancestral properties for which there can be other claimants cannot be donated. Such.

 

Sabarish   28 January 2016

Sir I m also having a property in my name n hereby wen I came to sell the land they are saying that tis land once belonged to temple and you cannot sell . Now my question is, whether can I sell it or not ? And if I cannot sell then y do the govt did not interfere wen I purchased d same land

Sabarish   28 January 2016

Sir I m also having a property in my name n hereby wen I came to sell the land they are saying that tis land once belonged to temple and you cannot sell . Now my question is, whether can I sell it or not ? And if I cannot sell then y do the govt did not interfere wen I purchased d same land

Selva Kumar   28 April 2018

I see the question been raised 2-3 years ba k. Please let me know the conclusion. Because we are also having the same problem in tamilnadu In our case, patta is with temple / temple gaurdian from 1992 to till date and there are registeration happened from 1944 till 2017 (land splitted and registeration donw, max 50 sale dead so far). We have paid property tax, drinking water bill, electricity bill etc from 1982 to till date). Now govt has put some order, no one can sell or buy land in our area. Request our experts to look into this issue and share your thoughts and suggestions. Looking forward to hear inputs. @vargeese - need your inputs pl as you raised this query. Many thanks, Selva

Selva Kumar   28 April 2018

I see the question been raised 2-3 years ba k. Please let me know the conclusion. Because we are also having the same problem in tamilnadu In our case, patta is with temple / temple gaurdian from 1992 to till date and there are registeration happened from 1944 till 2017 (land splitted and registeration donw, max 50 sale dead so far). We have paid property tax, drinking water bill, electricity bill etc from 1982 to till date). Now govt has put some order, no one can sell or buy land in our area. Request our experts to look into this issue and share your thoughts and suggestions. Looking forward to hear inputs. @vargeese - need your inputs pl as you raised this query. Many thanks, Selva

Selva Kumar   28 April 2018

I see the question been raised 2-3 years ba k. Please let me know the conclusion. Because we are also having the same problem in tamilnadu In our case, patta is with temple / temple gaurdian from 1992 to till date and there are registeration happened from 1944 till 2017 (land splitted and registeration donw, max 50 sale dead so far). We have paid property tax, drinking water bill, electricity bill etc from 1982 to till date). Now govt has put some order, no one can sell or buy land in our area. Request our experts to look into this issue and share your thoughts and suggestions. Looking forward to hear inputs. @vargeese - need your inputs pl as you raised this query. Many thanks, Selva

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register