Sir,my deseased grand father's land partitionedin between my father& father'sbrother in 1974 signed in A4 size papaer ,and my father some money and gold given to his brother.after that physically my father cultivating that land. With some misunderstanding,again in 2001 one more agreement in A4 size paper happened between these two brothers ,but in this our part residing home and some money has given.In 2004 pattadar pass books happened,pahani&R.O.R has changed with my father. problem is 1.is proceeding compulsory,2.my father given amount& home can I taken back?3.wich documents are compulsory in this case for my father?
once division has taken place between father and his brother and reduced in writing and mutation done in revenue records your father and uncle would be absolute owners of their share in property
2) you cannot take back the money and land given by your father in 2001
1. Which proceeding are you referring to? On the transfer of title of land the passbooks are required to be updated.
2. The amount given voluntarily by your father at the time of settlement cannot now be recovered by you.
presently we have pattadar pass books,pahani,R.O.R,partitioned A4 size documents only. Opposite party telling that,your patta has compleatly fake patta.. hence what can we do,In this situation?...
Section 6 of the A.P. Rights in Land and Pattadar Passbooks Act, 1971 create a statutory presumption about the correctness of the entries in record of rights.
3) if a persons name is recorded as an occupant or pattadar in these records, a necessary presumption would arise in his favour or in favour of the persons who claim through him that he holds title to the land. In case of a dispute between two private parties, this presumption can be rebutted by the rival claimant by producing better evidence, such as subsequent partitions, mutation in the revenue record and registered sale transactions etc
TAndhra High Court
M.B. Ratnam And Ors. vs Revenue Divisional Officer And ... on 24 January, 2003
Equivalent citations: 2003 (1) ALD 826, 2003 (1) ALT 688
the belated attempt on the part of respondents herein to impugn the orders passed by the Mandal Revenue Officer is nothing but an after-thought. Settled legal rights cannot be permitted to be unsettled in this fashion. Such course is not permissible in law. If such a course is permitted, there will be no end to the litigation and no finality can be attached to any of the orders of the Courts or Tribunals, as the case may be.
51. The entries in the record of rights are made after holding public enquiries. The entries made in the record of rights carry with them a great evidentiary value, sometimes they constitute the only evidence available in order to establish one's title to the lands. The record of rights is thus prepared, maintained and updated by public servants in discharge of their official duties. It would be impossible to accept that the entries made in the record of rights in the instant case which remained in the record for a period of over 10 years have not been noticed by the respondents until they have preferred the appeals before the appellate authority. The vague explanation offered by the respondents about the entries and the orders passed by the Mandal Revenue Officer, is totally unacceptable.
52. For the aforesaid reasons, we are of the considered opinion that the so-called appeals preferred by the respondents herein ought not to have been entertained by the appellate authority after long lapse of more than 10 years virtually unsettling the settled rights of the parties. The rights accrued in favour of the petitioners cannot be set aside resulting in miscarriage of justice.
53. The order condoning the delay and admitting the appeals and their disposal is vitiated. It is an improper exercise of jurisdiction.
problem is 1.is proceeding compulsory,2.my father given amount& home can I taken back?3.wich documents are compulsory in this case for my father?
Since there happened no proper and legal partition between him and his brother, this can be considered as oral partition.
Even oral partition is held valid in law especially when the revenue records have been mutated properly subsequent to such oral partition.
If you feel that this method is still unsafe, let your father draw a partition in a stamp paper on the same agreed terms with his brother and get the partition deed registered so that the properties shall stand on their name automatically with marketable title in the encumbrance certificate also.
Your father may consult a local advocate and take his advise on further proceedings in this aspect.
presently we have pattadar pass books,pahani,R.O.R,partitioned A4 size documents only.
Opposite party telling that,your patta has compleatly fake patta.. hence what can we do,In this situation?...
If at all the opposite party have any grievance in this regard, ask them to proceed legally against you challenging the patta on your father's name.
He can defend his title as per patta as per the facts and merits in his side.
Whatever, it would be advisable that a proper partition deed may be drawn and get it registered if the other party agrees to it or legally your father has to file a partition suit which would bring the desired relief clearing all such issues and lacunae
Consult a local lawyer with the complete set of documents.