• Regarding late identification of patta

Property disputes between 6 sons and 4 Daughters for the past 37 years still the case is pending in the high court .Recently Patta has been found saying that property share are only for Male heirs.
Asked 9 days ago in Property Law from Vellore, Tamil Nadu
Religion: Hindu

Hello,

If there is a registered will then yes the daughters are excluded but if there is no will in existence then you have the right to get share in that property .

Regards

Swarupananda Neogi
Advocate, Kolkata
858 Answers
2 Consultations

4.8 on 5.0

1) Patta is not a document of title and patta will not create or extinguish title in property 

 

2) wait for decision of HC in your pending suit 

 

3) seek expedited hearing of your case pending in  HC 

Ajay Sethi
Advocate, Mumbai
55654 Answers
3355 Consultations

5.0 on 5.0

You can file a ownership suit in court to officially declare that you are the owner. That's all. Nothing more is needed Regards.

Mohammed Mujeeb
Advocate, Hyderabad
3835 Answers
2 Consultations

4.5 on 5.0

See the patta can be filed as additional evidence with an application that it is found now only further if case is pending then the dispute shall solved by decision of court only.

Shubham Jhajharia
Advocate, Ahmedabad
10756 Answers
39 Consultations

5.0 on 5.0

Patta is not a title document  and there isno suchrule or law under the Hindu succession act that the property left behind by the father shall devolve only on his male heirs and that the female heirs are not entitled to any share.

Patta is not an authority to decide about the entitlement of shares of the daughters.

For further opinion, the referred document has to be perused, hence better consult a local advocate on this and get an opinion in person.

 

 

T Kalaiselvan
Advocate, Vellore
45709 Answers
537 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that though the case is pending for last 37 years, but now some information has been come forward due to the reason of getting the patta found.
  2. But, I may tell you that whatever patta says can’t be  supra to the law of inheritance for property which is anscestral in nature, and also can’t supra another law for self acquired property I.e., Law of Succession.
  3. You need to understand the nature of your property, and then should research on finding out any case law which says Whether the present discovery of the fact available to the cases pending or will be applicable for new cases only.

Sanjay Baniwal
Advocate, South Delhi
2819 Answers
6 Consultations

5.0 on 5.0

Property will distribute equally. Whose property it is ? Who acquired it ? 

Yogendra Singh Rajawat
Advocate, Jaipur
7053 Answers
5 Consultations

4.7 on 5.0

The Married daughter have equal right in the parental property after the advent of amendment in Hindu Succession Act 1956, that came into force since 9th sept 2005. Your case about 37 years back, so please check when the patta has been updated or name changed.

G Suresh
Advocate, Chennai
223 Answers
1 Consultation

4.9 on 5.0

Unfortunately our legal system is slow. You need to wait till high court order

Prashant Nayak
Advocate, MUMBAI
4010 Answers
2 Consultations

4.8 on 5.0

it is self acquired property of grand father 

 

2) since suit is pending in court wait for orders to be passed by HC in said suit 

 

3)grand father could have during his lifetime sold or  gifted property to his sons 

Ajay Sethi
Advocate, Mumbai
55654 Answers
3355 Consultations

5.0 on 5.0

patta does not confer title to property

 

2) it is only for payment of property taxes

 

3) if grand father had not executed gift deed in favour of his sons then all his legal heirs would have equal share in property on his demise 

 

 

Ajay Sethi
Advocate, Mumbai
55654 Answers
3355 Consultations

5.0 on 5.0

Daughters have no right, if father has given his properties to son in his life time.

Not getting your 3rd query.

Yogendra Singh Rajawat
Advocate, Jaipur
7053 Answers
5 Consultations

4.7 on 5.0

The property is self acquired by grand father and he has absolute right to dispose same so the patta can be bought on record before the high court.

Shubham Jhajharia
Advocate, Ahmedabad
10756 Answers
39 Consultations

5.0 on 5.0

If patta was willingly registered in favour of son then they will have right over the road property.

Shubham Jhajharia
Advocate, Ahmedabad
10756 Answers
39 Consultations

5.0 on 5.0

Firstly the patta is not a title document.

Nobody can claim any rights over the property on the basis of patta on their name except the registered title document on their name.

Since your grandfather has divided his property among his sons and daughters and also in favor of daughters in law and have got the patta also on their names, it means he has got the property mutated on their names after giving them their share in the property.

T Kalaiselvan
Advocate, Vellore
45709 Answers
537 Consultations

5.0 on 5.0

The partition suit filed by one of the sons may not be maintainable as the properties were the absolute properties of his father which was duly partitioned during his lifetime and to evidence the same the mutation records are also available.

If you are defending your interests in the property, you may utilise the patta as documentary evidence to support your defence.

T Kalaiselvan
Advocate, Vellore
45709 Answers
537 Consultations

5.0 on 5.0

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