Cancellation of patta
DR D INDUMATHI
(Querist) 07 November 2016
This query is : Resolved
Hi. The ancestral property of my grandfather is the one in question. After my grandfather's death , my mother's brother changed the patta entirely to his name( without my mother's written consent) and has been paying patta for more than 20yrs.
My grandmother (who stays with my mother) and my mother have been trying to make him give atleast a small portion to my mother. He has been refusing saying because he is the only male of the family the property will go to him alone.
So now , after all these years , my grandmother (80yrs plus) and my mother have applied for a Cancellation of the patta and have applied for a combined patta. The RDO has issued 4 summons to all three involved. ONLY my mother and my grandmother have come for the summons all 4 times. my mother's brother did not turn up even once.
Now the RDO is not taking any action because my mother's brother has not come atall.
Kindly tell me if what my mother is doing ( getting a combined patta) will help her atall.
What should I do if the RDO is not responding?
Please help me out.
adv.bharat @ PUNE
(Expert) 07 November 2016
Take POA from your Grand mother and u can file suit for cancellation of document.
Kumar Doab
(Expert) 07 November 2016
It is believed that you are Hindu. Confirm.
The succession is as per personal law that applies to owner.
Ancestral property is Property inherited upto 4 generations of male lineage.......
Obtain all mutation record and link documents and check if the property is indeed ancestral.
Consult local counsel specializing in revenue/property/civil matters and if your mother has a share the your counsel may opine to approach higher authority (as per state revenue rules) or court for partition.
Rajendra K Goyal
(Expert) 08 November 2016
How you say the property is ancestral?
Who, when, how acquired it and how it came in the name of your grandfather?
Who are the legal heirs of your grand father and father?
adv.bharat @ PUNE
(Expert) 08 November 2016
Author need to explain the query raised by expert.
Kumar Doab
(Expert) 09 November 2016
Obtain all mutation record and link documents and discuss with a very able counsel.
Rajendra K Goyal
(Expert) 09 November 2016
Author has not replied the query raised.
Consult local lawyer for proper guidance.
Kumar Doab
(Expert) 09 November 2016
Author may post reply to the points raised on query posted yesterday.
DR D INDUMATHI
(Querist) 09 November 2016
Thanks for the very quick response. The property was ancestral . My grandfather got it from his father and he got it similarly.
It is still in my grandfather's name. Only the patta was changed after my grandfather's untimely death.
Iam a Hindu.
My mother and her brother are the only children to my grandfather.
adv.bharat @ PUNE
(Expert) 13 November 2016
As explain by expert ancestral property is inherited for 4 male lineage.
If u got ROR record for past then u come to know on which name it is?
Kumar Doab
(Expert) 13 November 2016
Succession opens on date of death.
Look into the applicable rules as on death.
