At a same time you can apply for 90 B in the assistant town planner, gram sevak, tahsildar and collector of your city for the getting the registered your name on 90 B papers.
Patta of land from nagar parishad
I have a land khasra number of which is marked as "gair mumkin chah". I need to get patta issued from nagar parishad of this land. When I visited nagar parishad, the assistant town planner said that this land is of "kua agwain" and it's patta can not be issued. History of our ownership to this land is as below.. My grandfather purchased it from someone but the same was not transferred in my grandfather's name. The purchase was done sometime in 1970. We don't have any agreement to sell or any such document. The land is still showing in the name of that original khatedaar in jamabandi. Although we have physical ownership of this land since 1970 and even prior. This khasra number is mentioned in the family partition among my grandfathers in 1984 and in 1996. Subsequently this land came in the ownership of my father through family partition among my father and his brothers in 1998. After the death of my father this land has come under my ownership as his successor. All the khasra numbers around this khasra are already converted to 90 B in the name of nagar parishad and pattas are being issued to the owners. But this land 90 B is not done and since still showing in the name of that original khatedaar with definition as KUA AGWAIN GAIR MUMKIN CHAH, so the nagar parishad is denying to issue patta in my name. Please suggest how to get patta of this land in my name. We are in ownership since 1970 and even prior.
Asked 4 years ago in Property Law
Religion: Hindu
11 Answers
1. Land is of reserved category specifically allotted to certain people. Now this will have to be converted to free hold category by making proper application with the nagar authorities.
2. You can also file "declaration suit" in local civil court for a court decree, based on which mutation /transfer in your name would be possible, by following due procedures of law.
- Since, the said land is in your possession for the last approx 50 years, hence on the gound of adverse possession , you are the legal owner of the said land, even KUA AGWAIN GAIR MUMKIN CHAH.
- Further, on the ground of continous possession of the said land, the Nagar parishad cannot refused to issue Patta in your name.
- Fistly , re-apply before the nagar parishad with all the documentary evidence of continous possession in the said land .
- if refused, then you should file a Writ petition before the High court , for getting patta in your favour , and challenge the refusal of Nagar parishad therein.
From which govt office (like tehsildaar etc.) I can get the history / records of this khasra number like if any name transfer etc had taken place...What is the procedure of getting this information and from which department.
Asked 4 years ago
If a declaration suit is filed in local civil court, what are the general procedures followed during course of litigation. Does court call the original khatedaars as well to defend or justify their claim, if any.
Asked 4 years ago
All further information you can get it from revenue department of state government where each transcations history is available from day one after independence or formation of state.
You will get all history from them regarding whole land along with which crops where produce each year and by whom.
If they are orally refusing to give patta, you may give an application in writing, let them receive it and reject your application and request for patta.
After that you can file a suit for declaring the title in your favor based on the documentary evidences in your side to prove possession and enjoyment of the same and also for a direction to the nagar parishad to issue patta by impleading the local civic authorities as necessary party to the suit.
You can get the information from the land revenue department namely the Tehsildar within your residential jurisdiction.
You submit an application for transferring the revenue records to your name in respect of this property, let them deny for the reasons they rely upon, then you can approach court and follow the procedures as advised.
The legal procedure to be followed for filing a declaration suit shall be informed by the advocate who you will be engaging.
The procedures are lengthy and technical hence you will not be able to understand even if told to you.
You were advised to consult an advocate in the local and proceed on the advise and the suggestions made to you in this regard.
Without sale deed, how will you prove ownerhsip?
On the basis of adverse possession, you can claim ownership but now needed at present as seller or his heirs are not disputing your title.
On the basis of parity, you are also entitle to conversion.
These depts. Are corrupt, never process easily without bribe or pressure.
Through lawyer, process will be easy instead of self.
If suit will file, notice will issue to sellers and they may take advantage of situation.
What documents you have of this property ?
Revenue receipt, any utility connections, tax receipt?
File a suit of ownership of the land , as per adverse possession. If you can manage to get the favorable order, you can contest the claims raised by subsequent buyers about the ownership of the land.
If there is no provision of law for the said land to get patta then you need to go for writing petition in high Court
Your father have to file declaratory suit for ownership of the property on ground of adverse possession since 1970.
In suit the original khatedar whose name is mentioned in the records or his legal heirs must be made as respondents.
