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Mohan (Owner)     15 July 2014

Patta land transffered to tharisu land

Hi All,

I am Mohan from Chennai, Tamil Nadu. I recently took GPA for a property in Chennai suburbs. But there is some issue with the land. Land details are as follows.

1) In 1918, in the A-registrar - the said land is having patta and being enjoyed by the seller family members.

2) Currently in the A-registrar the land status is shown as "Tharisu".

All the family members are willing to sell this property. I would like to know and get your valuable suggestions on how to proceed in buying this property? Whether it is possible to get patta for such a land ? why the patta land was changed to tharisu land ? whom to approach and request for a change in the records. The family members do not have any property documents. They have only death certificates of the people mentioned in the A registrar (1918).

can you please guide me to acquire this land. 



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     16 July 2014

If there are no property documents, how did you come to know that those people have ownership title to the same?  Patta can be a proof of title only to the lands allotted by the government to the beneficiaries.  The property described by you is not a government allotted patta land, hence, it will not advisable to buy the property which is not having any document on its name except the so called patta.  You may consult a local lawyer and take his advise and opinion before finalising the purchase deal.

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Mohan (Owner)     16 July 2014

Thanks for your speedy reply Sir.

With respect to the title ownership, the current family members can inherit the said property since they are the legal heirs ? I have also got the EC for the following property from 1945 to current date and there was no transfer/sale of the property took place. Hence I/can it be concluded that the current family members can inherit such a property and that they can request the government to change the records?

I have legal heir certificate from the current family members as well.

And also I would like to know whether govt. has any law which gives them the right to convert a patta land to tharisu land ? If it is so, then if I know that law, based on that I can approach a particular dept. That will help me understand to which dept I should approach. 

I got connected to local lawyers and some of them are suggesting me to go to Settlement office. I was hoping  I could also get suggestions from you all. Thanks a lot for your time. 

Thanks & Regards,

Mohan 

T. Kalaiselvan, Advocate (Advocate)     16 July 2014

If in the government records it is shown as Tharisu or poromboke land and subsequently patta was granted to the owners/occupiers, it can be relied upon whereas in your case, somebody claiming to be legal heirs to the people who were illegally occupying the government land and claim them to be their ancestral property is not at all justified.  Without proper authenticated papers to the property, just based on the EC, it is advisable to purchase the property, however, if the local lawyers opine its genuineness after verifying the relevant papers, you may take their advise, but before that better go for a second opinion too because it is matter of investment of hard earned money.


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