• Can a Porcha be changed by some one

As I came to know a Porcha is a certified copy of ownership in absence of Dalil (in case of old property). In this case, it was told by one party to the other that Porcha is not traceable. Now the question is, can one Porcha be changed to suit someone ? Suppose there are 3 parties who have joined ownership of one old building and that building is now being proposed to be sold. Can one of the owner get the Porcha changed and cheat the other two owners of their shares ?
Asked 2 years ago in Property Law from Kolkata, West Bengal
1) Porcha is Certified Extract from the record of rights 

2) Porcha cannot be arbitrarily changed to suit one co owner 

3) in the event any property is being sold purchaser will carry out due diligence . 

4) purchaser will take inspection of records and insist on production of original documents of title before shelling out money for purchase of building .
Ajay Sethi
Advocate, Mumbai
27419 Answers
1491 Consultations
5.0 on 5.0
1. porcha is never a certified copy of ownership . it can best be described as document of possession or presumption of title.
2. Porcha is made in panchayat area only while in Municipal area mutation certificate is there.
3. Mere recording of one's name in porcha is no evidence of title and on proof of tile the name included in Porcha may be added or altered or modified.
4. The aggrieved party can apply to BLRO to include or excl;use one;s name form Porcha.
Devajyoti Barman
Advocate, Kolkata
6924 Answers
78 Consultations
4.9 on 5.0
1. Porcha is not a certified copy of ownership,

2. Porcha is made not inabsence of title deed but in addition to title deed,

3. Porcha is a record of ownership or right of the immoveable property,

4. For mutating or changing the record of rights, the applicant shall have to produce the registered deed/document in support of his claim. If ny mistake someone's name has been left out then he can file an application before the BLRO for including his name as a joint owner in the records,

5. The purchaser will first inspect the original Title Deeds and being satisfied will decide to buy the said property.
Krishna Kishore Ganguly
Advocate, Kolkata
13616 Answers
293 Consultations
5.0 on 5.0
1. A porcha does not establish ownership to a property. It is a revenue document which records the ownership to a property. 

2. Incorporation of a person's name in the porcha does not make him the owner of the property. The importance of porcha is only for revenue purposes. 

3. Porcha can be changed at any time but only if there is a transfer of ownership. It cannot be changed in an arbitrary manner. 

4. If 3 persons are the co-owners of a property it is not open to any one of them to get the porcha changed and delete the names of the other 2 owners therefrom unless the remaining 2 owners transfer the ownership to him.

5. A porcha which is changed in an arbitrary manner by the authorities can be challenged in the court.

6. While purchasing the property it is but natural that the prospective purchaser will inspect the porcha.
Ashish Davessar
Advocate, Jaipur
19628 Answers
507 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

Ajay Sethi
Advocate, Mumbai
27419 Answers
1491 Consultations
5.0 on 5.0
T Kalaiselvan
Advocate, Vellore
17575 Answers
167 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
13616 Answers
293 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
19628 Answers
507 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
6924 Answers
78 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
3161 Answers
47 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
977 Answers
69 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
2032 Answers
24 Consultations
5.0 on 5.0
Shashidhar S. Sastry
Advocate, Bangalore
1308 Answers
71 Consultations
5.0 on 5.0
Kiran N. Murthy
Advocate, Bangalore
823 Answers
58 Consultations
5.0 on 5.0