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BS Rangi (President)     13 December 2020

Title to the land under plot

Sirs,

Haryana Urban Development and Regn Act 1975 Sec 8(4) ordains that  "If the coloniser fails to do so , the Director shall on behalf of the coloniser transfer the possession of and the title to the land ,to the plot-holders on receipt of the amount which was due from them".

 We in this pvt colony have got  Conveyance Deeds (CD) executed after making  full and final  payment ,based on which possession of plot was handed over by the vendor to vendees. In the CD,  only plot no. were mentioned. Khasra numbers  are required to be inserted now by Executing Rectification Deeds (RD) so that the title of the land is also passed onto plot-holders.

Q. 1.Who will work out Khasra No.? Patwari ? or, we can get it done through Satellite mapping ,which should be authentic for making entries in revenue records.

Q.2. Requesting  for guidance and procedure for RD. There must be different  format for RD. 

Rgds,

BS Rangi  



Learning

 7 Replies

Dr J C Vashista (Advocate)     13 December 2020

You can take khasra number from Patwari, since the same is treated as authenticated and correct as per revenue records.

Why do you intend to go for registration of RD ? Is it necessary to endorse khasra number in the CD, which I do not find it necessary. / compulsory / mandatory requirement to specify it wherein possession and title are already held by allottee(s).

P. Venu (Advocate)     13 December 2020

Yes, the Patwari or the competent revenue authority needs to approached in securing the information than depending upon satellite map.

BS Rangi (President)     14 December 2020

Sir,

I had gone to SBI for loan on this plot. They demanded lien on this land either from Patwari or from coloniser. I dont want to go to coloniser. Patwari does not have my name in revenue records. That is why Khasra no . is required so that i am the owner in revenue records. I should be able to get FARAD for this plot.

Dr J C Vashista (Advocate)     14 December 2020

Unbelievable !!!

Each and every inch of land has a Khasra number recorded with revenue authorities, which Patwari is records and its custodian.

It would be advisable to consult and engage a local prudent lawyer for better analyses of facts/ documents, professional guidance and necessary proceeding.

 

P. Venu (Advocate)     14 December 2020

Is not the conveyance deed a title to the property? Had you applied for mutation of revenue records on the basis of the conveyance deeds?

BS Rangi (President)     16 December 2020

Sir,

I applied even on CM Window of state . CM sends back to DC Pkl  and he further marks to SDM and Tehsildar . Tehsildar takes report from Patwari and reply goes back to CM .

When it comes to patwari he gives various excuses  like :-

1. khasra no, Not Available,

2. As colony is approved by DTCP hence Khasra no not required.

3. Even dept of town and country planning feels that khasra no not required but no one tells us ,How Title of land is to be transferred as given in Act 1975 Sec 8 (4).

4. We have gone to High Court now. Lets see what happens.

 

Isaac Gabriel (Advocate)     27 December 2020

It is the prorogative of the revenue authorities to regularise the plots with sectorwise.They will respond to the High Court when the will automatically settled.


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