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
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 5 years ago in Property Law
Religion: Hindu
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5 Answers
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
Hi,
You may file the declaration suit also in the district court.
I started of my ground work to find out what really went wrong in my case I approached Joint collector and asked her to direct the officials for the detailed enquiry on the land issue what i had been facing since 2015, post registration of the document 1) The land what i had purchased is my ancestral property , however the government had issued the pattas to 33 houses in 1986 with out Land acquisition, when verified the details from collectors record room the communication was done from 1986 to 1992 but the sanction or land acquisition did not take place and the collector had rejected the proposal and the file was disposed in 1992, in the meanwhile as the pattas was issued to the BC ( No SC/ST in it ) they started the construction of the houses meanwhile, currently few of them are residing and the rest of the pollution they have sold the property to a third person and have moved out , which is again an illegal, what best steps can be taken as my ancestors did try to take over the land but did not succeed in it ( not via court via settlement ) 2) As the MRO did not show much interest in solving the case again i approached the Joint collector and the case was forwarded to the RDO to take up the matter and submit the report in two weeks, RDO did invite the villagers to his office for discussion but none turned up , however looking at the situation he set up an mobile court in the village and told that hand over the empty land to us and the structure will not be touched , what does this mean, have few of them coming for settlement can i register and give them and fight with the rest of the villagers on this case and also 1 acer has gone in R&B road can i claim that too, if the govt has to give compensation will it be in housing site value or agriculture, as it is in agricultural in my passbook and sale deed, The villagers are even hesitant to hand over the empty land too what is the best solution for the above query to proceed or best step
Asked 5 years ago
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
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.