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 .
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.
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.
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.