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query regarding lost photopass

(Querist) 29 August 2013 This query is : Resolved 
Sir
My uncle purchased a shop situated on collectors land few years back and he is third party in the chain of resale, A photopass was being issued to first party by tahsil for his hut, later the aforesaid premise was used for commrcial purpose by fullfilling all licensing procdure by second party, then my uncle purchased it and is doing business therein, few days back the photopass is being misplaced and cannot be found, so he went to police station to file a complaint for misplaced copy but was unsuccessful saying that the complaint should be done by first party as photopass was on his name. As now he is only having rent recipt of photopass paid to revenue office and the agreement papers how should he go about getting duplicate copy of photopass?

please suggest

prabhakar singh (Expert) 30 August 2013
All in all subsequent transactions including
one with your uncle is illegal.Only first licensee has rights and he can be also evicted if subsequent transfers by him are found proved.To continue in possession your uncle can claim simply employee of original licensee or should try for license in his name.

Police has rightly refused to lodge a FIR for loss of ID of someone else by your uncle.
Nirmal Solanki (Querist) 30 August 2013
Sir license are already transfer on my uncles name, and consent by affidavit by second party is also given to transfer the photopass as well, sir but the photopass is on the name of first party who is a deceased, but death certificate is not available so how could I go about it?
ajay sethi (Expert) 30 August 2013
shop license is separate issue . photo pass is regarding legality of your structure .
if photo pass holder is dead make inquires with his legal heirs regarding death certificate . legal heirs can complain regarding lost pass
Rajendra K Goyal (Expert) 30 August 2013
Duplicate photo pass can be got issued by the legal holder or his legal heirs if he is no more. FIR can be registered only on their complaint.
Nirmal Solanki (Querist) 30 August 2013
Sir the evidence with my uncle is rent receipt ( bhada pavti) with photopass no. and some survey no. on it with tahsildar stamp on it issued to first party, so the structure is legal, isn't there any way of getting it through tahsildar office ? If any sir please suggest .
ajay sethi (Expert) 31 August 2013
visit the tehisildar office .make enquires with the tehsildar
Nirmal Solanki (Querist) 31 August 2013
Sir, can RTI application to the PIO's for getting the duplicate copy or getting the information of first party , in these case would help? If yes , how?
And Rajendra K Goyal sir, by legal holder you meant legal holder of photopass or Present legal holder of shop? If legal holder of shop, then how can the duplicate copy of photopass can be claimed?
Rajendra K Goyal (Expert) 31 August 2013
Legal holder of photopass.


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