• Property dispute

Property was purchased from one of my relative on 28th Dec 2015 @ village , as mentioned survey numbers 2/1 ( 0.81 Extent) , 71/4 ( Extent 0.37), 78/1 ( Extent 1.57 ) 78/2 ( Extent 1.99) and 90/1 ( extent 1.40) the over all Property of 6.14 acers 
Property was purchased from other relative on 11-July 2017 ( Registration document number 1846 / 2016 ) @ village, as mentioned survey numbers 2/1 ( 0.81 Extent ) , 71/4 ( 0.37 ½ Extent) 78/1 ( 1.57 ½ Extent) and 78/2 ( 2.00 Extent) 

Relationship of Peruma Reddy Lakshmi kanthamma and Anasuyamma is both are cousin sisters and the survey numbers and property is beside each other under same survey number, 

After purchasing the first property went for a mutation which was delayed in the first place and later somehow I got it done and passbook was issued in my name for the sale deed one however I am yet to receive the passbook for the second sale deed and the survey of the land must be done.

MRO claims that survey number 78/1 and 78/2 has been given out to local people who are resident of the village way back in 1993 and they are legal in terms of residing, 

Facts: - Documents reflects in my relative name the mother deed and other documents and now it reflects in my name for sale deed one ,but for sale deed two Passbook yet to be issued by MRO 

My Relatives got land surveyed in 2011 with pointing out the boundaries of patta lands and demarcation, however I have only the challan’s and the petition filed by them, I have filled an RTI to get the certified copies of the same however I am yet to receive reply for the same.

Now they claim that they can’t do the survey as the houses are build on survey number 78/1 and 78/2, what is the best legal way to proceed further.

Can I file Writ petition for the same in high court? Or best way to approach for quick resolution 

Does sub registrar documents valid against the Revenue department 

No Gazette notification was issued to previous land owner or compensation was given 

No legal documents exist of patta’s given to residents of the land , which will stand out as valid document the registration /EC or the MRO documents which he is trying to produce and claim that patta’s where given to land residents in the past

Additional 
I have filled in RTI for the below mentioned 
Certified copies of documents from Registrar office – Received from Registrar office 
Certified copies of the passbook – From MRO yet to receive reply
Certified copies of Survey done in 2011 – Land records yet to receive
Notice issued by MRO to appear – Yet to receive status on the same 
Filled for F-Line petition and Mutation – yet to be considered 
Petition filled to MRO asking for the details of removal of the survey number from the records
Asked 4 years ago in Property Law
Religion: Hindu

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5 Answers

1) entry in revenue records does not confer title to property

2) it is only for payment of property taxes

3)wait for orders to be passed on your petition filed in MRO office seeking details of reasons of removal of surrey numbers from the records

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

You can file suit against the MRO before the civil court seeking to direct him to issue mutation certificate by surveying the property .

Also you can file a suit for declaration of your title to the property.

Writ petition is not necessary for this.

Since the records called for through RTI is awaited, you may file the suit after receipt of the said documents

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Hi,

You may file the declaration suit also in the district court.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

You should take legal proceedings in civil court for declaration that you are absolute owner of property

2) seek orders to set aside patta issued in favour of villagers and direct them to hand over possession of land to you

3) make the patta holders party to the suit

4) file consent terms with those who want to settle in court

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

1. Since you have found that there was no land acquisition done and confirmed about it, as a legal heir you have to issue a legal notice to the collectorate to cancel the patta and to handover possession of the land allotted to the occupants, if there is no response then by filing a suit before civil court within the jurisdiction.

2. You acquire the land whichever is given back now and the fight for the rest of the land over which structures have been made.

For the land acquired for road, you may seek compensation as per land acquisition law (latest).

If the villagers are hesitant then you may have to file a suit for ejection against the reluctant villagers.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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