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swetha (finance advisor)     09 September 2014

Regarding patta

hi friends,,.patta for our ancestral property is in my dad name so my dad's brother(my uncle) have any rights in this property???? thanks in advance



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 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     10 September 2014

Patta is basically a revenue record. It is an extract issued from the Register of Land holdings maintained, usually at the office of the Tahsildar. This is issued in the name of the person or persons in whose name the records relating to the holdings are maintained.

Patta: A legal document

Patta is an instrument showcasing possession of property. Rights to property may arise in three ways:

(i) Through voluntary act of parties – The transactions which fall within this classification are those covered by the Transfer of Property Act.

(ii) Inheritance or bequest – Laws relating to succession covers this type of rights of properties.

(iii) By orders of courts, tribunals, State action, etc.

Similarly, there are three levels of documents supporting claims to the title – title documents, approvals or other municipal records and revenue records. Depending on the nature of the property and the nature of its possession, Patta can be obtained in respect of the above mentioned three transactions.

T. Kalaiselvan, Advocate (Advocate)     15 September 2014

A patta alone cannot be construed as a valid document to prove title to the properties.  Moreover this type of patta cannot be a title document, just because your uncle is not finding his name in the patta, he cannot be denied his legitimate share, if any in the property.  Your paternal uncle will also be entitled to a right of share in the intestate property,consult a local lawyer with all papers and take his further opinion.

B.T. RAVI (LEGAL MANAGER)     15 September 2014

 

A. The Patta does not convey any title over the property. It is just revenue document and possession can be established in the absence of parent documents.

 
B. No matter what sort of property it is, having a patta is important. In the case of vacant plots of land, of course, it is absolutely essential as it is the primary document which establishes lawful possession and which carries details about the extent of the property and its measurements.  In the case of buildings or apartments, however, the position of the patta is not as vital. This is because the patta is essentially a document relating to land and not to the buildings that stand on it.
 
C. Contact local lawyer for more information.



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