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jpurus (secretary)     03 March 2015

Land property

My grandfather expired in 1991 and his named property patta was changed by his 3 sons, on their names and 4 daughters were left out in thier patta. later, 4 daughters filed a petition with RDO & Tahsildhar office with legal heir certificate and proofs by asking for a Joint patta for all, including 3 sons. 

Now, RDO has cancelled the existing patta and issued a Joint patta of all 7 members. the question is 

1. Did the 3 sons will appeal against RDO issued joint patta in Civil Court and stay the issued patta.? Is there any method for them to cancel the New Joint patta and they succeed.

2. what is the next procedure for safe guarding the Joint patta issued by RDO and the 4 Daughters portion, preventing them not to cancel the issued Joint patta by RDO.

Note: My grandfather does not have signed any Will before his death, its a sudden death.



Learning

 4 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     03 March 2015

1) they can file appel 2) write to Tahasildar they should not change without ur permission

jpurus (secretary)     04 March 2015

Joint Patta issued by RDO (for all 7 legal heirs) by cancelling the existing one which was 3 earlier, how to partition the share of among each one.

what time of duration it takes to partition and separate as individual patta for all the 7 members in the family.


(Guest)

no specific duration on partition suit cases.. courts take it own time to decide based on the facts presented...try to settle in amicable way or move it to a lok adalat if you think others are in a mood to compromise as well..i guess individual patta can be applied only after a exact individual share is decided..

T. Kalaiselvan, Advocate (Advocate)     08 March 2015

The modified patta can be altered now only by a court order or by an order of the appellate authority.  If you want to protect your interests in the property you may file a partition suit along with an application seeking status quo of the patta and not to alienate the property or encumber it in any manner until the disposal of the main suit.  Consult your lawyer and proceed as per his further advise.


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