Prasad (PARTNER) 14 March 2014

Registration without passbook/td

We have bought some agricultural land and made an agreement and paid the entire consideration. For preparing and registering a sale deed in Andhra there is a requirement for Passbook and Title deed(PB/TD). The sub-registrar will not register the deed unless these documents are produced before him. The seller applied to the Revenue authorities for PB/TD and for some reason or the other they are not issuing PB/TD.

There are no disputes on this land and the seller is a genuine seller with rightful ownership. Is there any way out to legally transfer the property without PB/TDs?

What about approaching a civil court to specific performance and getting a decree in the court(as both buyer and seller are agreeing this may not take that much time)? Would this help in any way in resolving the issue? Thanks.

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3 Replies

dr g balakrishnan (advocate/counsel supreme court) 14 March 2014

he can approach CIVIL COURT FOR declaration of suit property , THAT HE FILES ONE SUIT AGAINST AUTHORITIES DENYING MALICIOUSLY, as u do not have any doubt abrt his ownership OF LANDS ! BESIDES FILE CIVIL WRIT UNDER 226

srikanth kalakonda (team member) 16 March 2014

Dear Prasad,

If the seller is the genuine owner, the land will be registered in the MRO adangal/pahani records, please check the survey no. of the land in meeseva and check for the area the seller is owned. take the meeseva certificate of the land survey No., and produce it in lieu of PB/TD. and u can also apply for Pahani nakhal in MRO and get the certificate from MRO and produce it in Registrar office. it will be considered and acceptable in the place of PB/TD.

Prasad (PARTNER) 17 March 2014

Unfortunately Sec 6-D has been inserted in Pattadar Passbook Act1971, by which it was made mandatory that PB/TD should be produced for registration. There were some relaxations in place until recently by state government but it is not there any more. So, SRO would not register the document relating to agricultural land if PB/TD is not produced. And title/pahani/adangal are not being accepted.