Land patta
Dolly Dhillon
(Querist) 06 May 2011
This query is : Resolved
land property Of wakf board was in possession of a gym owner for the last 20 yrs. A person took the possession of the property by paying the gym owner
there is a masjid inside the plot . He had thought hell get the patta of the land from wakf board but in the meantime some other party approached wakf board and got the patta in their name. He approached the wakf board since possession is with him but they are not cancelling the patta given to them.Â
1. What is the procedure to cancel the land patta given to them
2. under what section the land patta can be cancelled since the possession of land is with him
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G. ARAVINTHAN
(Expert) 06 May 2011
Patta is given by the revenue department and not by Wakf.
Wakf have to give no objection for getting patta for the said land.
Hence you need to apply for patta with the help of the Wakf by getting a NOC to change patta in your favour
Basavaraj
(Expert) 06 May 2011
Revenue depart will issue patta not a Wakf board, you shall approach department of revenue. However you will have to obtain NOC from Wakf..
Parveen Kr. Aggarwal
(Expert) 06 May 2011
Regarding Wakf Land, only the Punjab Wakf Board (PWB) can grant Patta (lease) of the land. If the PWB has granted patta (lease) to any other person, the person in possession does not have any legal right because he was never authorised by the PWB to occupy the land. Only the gym owner can have legal right for cancellation of patta of the other person only if the term of his patta(lease) remains.
The provisions of Wakf Act, 1995 shall apply to the property.
Dolly Dhillon
(Querist) 06 May 2011
The gym owners patta has expired . There is a masjid in the plot ,whoever gets the patta will automatically gets the masjid along with it!
Is there any other way to get the patta of Punjab wakf board property!
Parveen Kr. Aggarwal
(Expert) 06 May 2011
The Gym Owner can file a civil suit for injunction against the Punjab Wakf Board and the new lessee on the ground that his lease has not been lawfully terminated and without getting possession from him, lease could not have been granted to the new lessee. For creation of patta(lease) delivery of possession is essential.
