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
swetha (finance advisor) 09 September 2014
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
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 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