Two persons hold joint patta of land. can one person sell 50% of land after the death of one person

How you and your brother got the land of 6 acres, i.e. either by way of gift/sale?  Did you and your brother have a valid previous document that shows that you are the owners of the land?  If you have valid proof that you and your brother have land, then the Sub Registrar cannot refuse to do registration.  So state full facts.

Sub-Registrar has no powers to refuse registration of sale of your share, which (your share) you will have to prove before Civil Court of jurisdiction.

Respected Sirs,

The dry land referred by me are ancestral properties at Ariyalur, Patta stood in the name of my Father Govidasamy. After his death on 4-2-1978, Revenue Officials of the Govt substituted my name and my brother's name in the Patta( Land Records) and removed the name osf my fateher.My brother left out our native place in 1979 and lived at Chennai living with many ladies,wayward life lost relation ship with our family.. He never turned up to our place till his death on 10-4-2017.died at my sister's house. All the properties were under my possession for more than 38 years and all land taxes wtc were paid by me. . Discrete enquiry made at Vandalur, Chengalpattu District revealed that he was living with three ladies one after another and the Tahsildar, chengalpattu reported that he has left with no children inspite of three ladies. I am now aged 75 and sufferring from many ailments not sure of living for years. Before the end of my life I want to sell my share of 3 acres leaving the other 3 for any person who may claim later on I dont know the details of ladies lived with him. It is not sure whwn they will approach and how to settle theissue. They wo'nt due in near future.Therefor I arranged for the sale of 3 acres of land and approached the Sub Registrar, Ariyalur. But he refuses to register the sale deed prepared by me and orally instructed to produce Partition deed with my brothe who never visited Ariyalu, family , not demanded for partition till his death.. Before my death I want to sell the land and to help my 3 children.  Is the Sub registrar has power top refuse to register the deed ? Whether there is any provision in the Indian Registration Act  to Refuse to register the sale deed covered by proper Patta issued by theRevenue department of the Government?  Please sir kindly consider all the facts and advise me the proper course of action to to sell the land belonging to me.

Please sir . Cosider my age and health condition and advise  (Not able to attach patta copy sir)

@ Mr. OPPILAMANI G

Your queries are genuine, however, question-wise reply is as under:

Q 1. Is the Sub registrar has power top refuse to register the deed ?

Ans. No, the Sub-Registrar cannot refuse to register the sale deed. However, if SR refuses, submit appeal to Registrar (Deputy Commissioner of your district).under Section 72 of Rigistration Act, 1908 which reads as:

Section 72 in The Registration Act, 1908

72. Appeal to Registrar from orders of Sub-Registrar refusing registration on ground other than denial of execution.—

(1) Except where the refusal is made on the ground of denial of execution, an appeal shall lie against an order of a Sub-Registrar refusing to admit a document to registration (whether the registration of such document is compulsory or optional) to the Registrar to whom such Sub-Registrar is subordinate, if presented to such Registrar within thirty days from the date of the order; and the Registrar may reverse or alter such order.

(2) If the order of the Registrar directs the document to be registered and the document is duly presented for registration within thirty days after the making of such order, the Sub-Registrar shall obey the same, and thereupon shall, so far as may be practicable, follow the procedure prescribed in sections 58, 59 and 60; and such registration shall take effect as if the document had been registered when it was first duly presented for registration.

Q 2 Whether there is any provision in the Indian Registration Act  to Refuse to register the sale deed covered by proper Patta issued by the Revenue department of the Government?

Ans. No. it can not be refused except execution of a decree. or other reasons as provided in Section 18 A to 20 of the Registration Act, 1908, which is not covered as in your case.