• Ownership of land

My grand father purchased agricultural land in a village but did not have any documents for the land (in 1950s). People in the village know it belongs to my grand father but we do not have any document for the land. I heard we can apply for the land with the MRO, he enquires in the village and if others give proof, then he will prepare documents for the land in our name. Is it correct? There is no activity in the land like cultivation and paying power bills etc
Asked 8 years ago in Property Law
Religion: Hindu

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11 Answers

1. Forget the documents.

2. Ensure the physical possession of the proeprty and continue the cultivation.

3. if some one asserts his right over it then ask for document from him.

4. if everyone knows your ownership then you should not face any difficulty to enjoy this property.

5. Howeevr you may face difficulty while selling it.

6. But if you want to enjoy it then you can do that so without any problem.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

entries in the record of rights are made by MRO 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

2)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.

Ajay Sethi
Advocate, Mumbai
99976 Answers
8159 Consultations

Apply to revenue authorities for issue of pattedar passbook

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.

Ajay Sethi
Advocate, Mumbai
99976 Answers
8159 Consultations

1. Conduct registry search for the said property from the local Registrar's office to ascertain in which name the said property stands now.

2. if it stands in your grand father's name, collect certified copy of the same and get the property mutated in your name.

3. If you can not obtain any evidence that your grand father had purchased the said land, claim its title on the ground of adverse possession if you are occupying the said land for more than 12 years against the exopressed will of its actual owner.

Krishna Kishore Ganguly
Advocate, Kolkata
27736 Answers
726 Consultations

1. Conduct registry search as advised in my earlier post to ascertain in whose name the property still stands legally.

2. If it is not in the name of your grand father, then file a declaratory suit against the person in whose name it still stands praying for a declaration that the said property was purchased by your grand father which has not been registered and praying for a direction upon the registrar to register it in the name of your grand father with retrospective effect.

Krishna Kishore Ganguly
Advocate, Kolkata
27736 Answers
726 Consultations

1) take search in sub registrar office and check title deeds of your plot

2) if you are not doing cultivation of land and are not in physical possession of land and don't have any documents it would be difficult for you to establish title of land

3) affidavit of village elders that your grandfather had purchased land in 1950 and that your family is in possession of land for last 60 years or so

Ajay Sethi
Advocate, Mumbai
99976 Answers
8159 Consultations

1. In case of sale or a landed property it is required to be registered for conveying the valid title of the property.

2. By conducting search in the registry office you shall come to know as to in whose name the property still stands to understand where does your claim of ownership of the said land stands.

3. Pattadar passbook does not establish Title of a land but registration of Title Deed does.

4. If there is no claimant of the said land, you should atleast take possession of it and then try to collect evidence of your ownership.

5. Registry office search will give you the insight of the present ownership of the said land as has been legally recorded for your further planning your course of action to demand ownership of the said piece of land.

Krishna Kishore Ganguly
Advocate, Kolkata
27736 Answers
726 Consultations

1. if you have no document but having possession over the land since 1950 then you have right to claim your ownership.

2. in this condition collector after issuing notice to other tenure holders and receiving no objection from them execute a record of right in your favour. this process is to be followed when no land record is found in respect of the land.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

Whether the landed property is in your possession and enjoyment?,

If so you can apply for patta in your name to the Revenue department.

They will, after proper investigation and enquiries may allot the grant of patta to your name if the records are found to be genuine on enquiry.

T Kalaiselvan
Advocate, Vellore
90178 Answers
2506 Consultations

Please suggest process.

You may apply for patta for the land in your possession before the Revenue department within your jurisdiction or MRO.

You will be informed abut the further formalities to be complied in this regard.

T Kalaiselvan
Advocate, Vellore
90178 Answers
2506 Consultations

1. We don't live in that area for the physical possession.

2. We don't have any document for the land, will it be there in Registrar office? because these process have come in last 20 years and in those days, there was no records for the same but I will check

3. We are not doing any cultivation of the land.

4. To apply pattadar pass book, we need some evidence, with what evidence we apply?

For applying for pattadar passbook, you may have to verify from the land revenue records of that village from their old records.

You will get some clue or link to this which would be useful to procure some evidence relating to your grandfather's ownership or title to the property.

T Kalaiselvan
Advocate, Vellore
90178 Answers
2506 Consultations

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