• Pattadar passbook (agriculture land)

I have a clear title deed of 8 acres from the year 1990 .which is registred by grandfather.
I have applied for pattadar passbook in the year 2008 and I received it.but not cultivating land as job holder.

In 2018 Telangana government issued a new pattadar passbook and got information from the tahsildar office to collect. but now tahsildar refusing to give passbook. saying the land was sold to villagers and they have a note written on a piece of paper.

Recently I have sold land by taking 7 lac as an advance in year Oct 2018. but due to the passbook issue, I have not registered to party.i have don’t have an agreement copy with me.

Here my query is :

1.	How to get pattadar passbook.
2.	Is the agreement on Oct 2018 is valid still.
3.	Now the land rate increased.so I want to sell for high rates. how to cancel the agreement ( do I need to send legal notice to party) 
4.	Can I sell the land with help of court or can I file a case in Lok Adalat (As I'm suffering from brain disease)
Asked 6 years ago in Property Law
Religion: Hindu

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10 Answers

You can approach in writ Petition to HC for direction to Thasildar. It's valid but you need to register the same and have copy. Yes you need to send notice but unilateral cancellation is not possible. He will approach court if you do that. Yes if the agreement has some clause supporting you to sell the same then you can approach court

Prashant Nayak
Advocate, Mumbai
34527 Answers
249 Consultations

1) agreement of 2018 is valid 

 

2) you can refund Rs 7 lakhs received and by mutual consent cancel the agreement 

 

3) if there is no agreement with purchaser for cancellation of agreement he can file suit for specific performance against you to direct you to execute registered sale deed in his favour 

Ajay Sethi
Advocate, Mumbai
99793 Answers
8147 Consultations

Hi,

You are suggested to first apply with due fee to the registrar for the passbook and if not issued by him, file the case seeking directions to him for issuing the same to you. The agreement of 2018 is valid and previous payments to you will validate the same. In the present circumstances, you may take one step by sending legal notice and expressing your inability to sell land to him due to non-availability of pass book and therefore cancellation of agreement. Then you may sell the land as per law in vogue.   

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1. See since you hold legal title the tehsildar need to issue passbook if he is not issuing same direction from court need to be taken.

2  see for same agreement and time in same has to be seen it is valid if no time clause also you received advance for same.

3. See if buyer has not performed his duty then only it can be cancelled you can send notice and suit for cancellation has to be filed.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

they have a note written on a piece of paper. - Invalid, withtou registered sale deed , land cannot be sold.

 I have sold land by taking 7 lac - when you sold, why looking for patta than ? 

Without registered sale deed, land cannot be sell. But buyer have agreement copy, he can enforce his right through court.
Terms of agreement is important. IF you have sold it without registration, and trying to get the patta issue in your name, complain of cheating can be file against you by buyer.

Complete payment received ? ?

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

Hi 

Response to Query 1:

With reference to the Tahsildar, refusing to issue patta passbook on account of  land being sold to villagers, please check whether

1) Any registered sale deed is executed and 

2) if any sale deed is registered then whether any civil dispute has been filed in court having jurisdiction 

 

If there is no registered sale deed  or any civil dispute pending adjudication in any court of law, you can appeal to the following persons in following order for issue of patta passbook,

Revenue divisional officer, District Revenue officer, District collector.

In case you do not get any reply from all three of the above, you can approach the High court and file a writ petition. 

Response to Query 2:

An unregistered agreement to sell (october 2018) is not admissible as evidence, but can be used as a reference to know the intention of parties in court of law. So , your opponent may rely on the unregistered agreement to sell document to prove his case at any point of time till October 2021(3 years limitation)

 

Response to Query 3:

Courts generally do not permit the seller to claim benefits arising out of increase in land rates, if the delay in executing the sale deed is on account of seller. however if the delay in executing a sale deed is on account of buyer, then the court may be inclined to direct the buyer to pay the prevailing market rates.

In order to cancel the October 2018 agreement to sell, you should

a) first issue notice to the buyer, asking him to come forward to perform his part of contract and

b) if he fails to perform his part of contract within 30 days, then you can then issue the agreement to sell cancellation notice. 

So, technically you should send two notices as detailed above.

 

Response to Query 4. 

You can file a case in lok adalat as lok adalat is faster and cheaper and the decree passed by lok adalat is equivalent to that of district court. But , you should be aware that lok adalat passes orders based on compromises between the parties and if no compromise is arrived between the parties, then the lok adalat may refer the case to regular court. 

Hope this information is useful. 

 

 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

1.  The sale agreement of property has nothing to do with the issue of patta passbook.

Did you sell the property by a registered sale deed or is there any transaction by a registered deed, if so, then you may have to give proper explanation to the Tahsildar to convince the Tahsildar about the present status  of the property.

2. Yes, it is valid for three years from the date of its execution.

3. You cannot increase the rate as per your convenience, if the buyer approaches court then you may have to face legal consequences beside selling the property to him at the old rate and to pay the litigation expenses to him.

4. What is brain disease?

You have to honor the sale agreement or else he may drag you to court of law for relief and remedy

T Kalaiselvan
Advocate, Vellore
89995 Answers
2496 Consultations

cancellation of sale agreement required. tehsildar cannot issue pattadar passbook to you. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear sir 

Reply to your query is :

1. How to get pattadar passbook.
A: You may approach higher revenue officers or High Court .

2. Is the agreement on Oct 2018 is valid still.
A: It is valid document since since you have not given any consent for distributing the land to the villagers.

3. Now the land rate increased.so I want to sell for high rates. how to cancel the agreement
( do I need to send legal notice to party)
A: You have to issue legal notice and get registered cancellation deed in the sub-registrar office.

4. Can I sell the land with help of court or can I file a case in Lok Adalat (As I'm suffering from brain disease)
A: You may immediately lodge such complaint since your lands were illegally taken without any
acquisition proceedings and compensation

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

You should make application to tehsildar for issuing the passbook if he refuse to issue passbook make complaint to higher authorities.

Yes agreement is still valid if cancellation terms are not mentioned on it. 

Yes you can cancel the agreement if other party have defaulted some condition of agreement.

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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