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Pattedar land in waqf possession

(Querist) 03 August 2016 This query is : Resolved 
Pattedar Land in WAQF possession

Dear Sir,

My name is Syed Qhadri, I reside in Hyderabad. Our family got 13 acres of land in Andhra Pradesh, this land belongs to a Dargah and we are the descendants.
We are a total of 7 Pattedars, due to various reasons we didn’t pay attention to the land, but were religiously performing all the ceremonies of the Dargah.

The land is under lease for the last 40 years, given away by one of the family member who was the Mutawwali at that time and he migrated to US and died there.

His brother who is an Indian-American came some 2 years back and claimed Mutawwali ship from the Waqf Board. No problem for that, but he has started taking decisions himself without consulting to the rest of the Pattedars. He wants to re-lease the land.

We had filed a RTI to know how Waqf Board took over the land and who initiated it, as we are the Pattedars. The reply we received that the Waqf Board doesn’t have the records that it holds the possession of the land and who transferred to them.

Can we as Pattedars reclaim our land back as it is our private property.

Highly appreciate your valuable input.

adv.bharat @ PUNE (Expert) 03 August 2016
Without your consent no one can take it from you as you are the pattedar of that property.
Rajendra K Goyal (Expert) 04 August 2016
From given facts, you seem to have some merits in your case.

Full documents and case has to be referred in detail, local state law applies, discuss with local lawyer.


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