• Re-acquisition of agriculture land sold by grandfather

Our Grand father has sole owner of some agriculture land (6 Acrs) in a sy No.. He has sold the land to different persons in 40 years back (3Acr) and 30 years back (3Acr). The land was not registered those purchased. They managed the local authorities and got the pattadhar pass books. Now they are selling part (1 Acr) of the land without our notice. We want acquire the same by paying market value, for the memory of our grand father. Please advise, how to go head to re-acquisition the land.
Asked 4 years ago in Property Law
Religion: Hindu

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19 Answers

Ask the buyers to execute registered sale deed in your favour 

 

2) then apply for mutation of land in your names 

Ajay Sethi
Advocate, Mumbai
94725 Answers
7535 Consultations

5.0 on 5.0

Whole land was sold, so no preemptive right ek purchase. Neither any provision in law to direct them to sell you only. 

You have manage by negotiation. Court dose not entertain case on the basis of emotional attachment. 

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

You are suggested to approach those persons for transferring the said properties on your name by way of legal transfer to you. Also serve a legal notice in this regard. If not agreed by that person, file the suit of declaration and injunction in the District Court. In the meanwhile, while giving legal, get the newspaper publication done that land belongs to you and any one dealing in that land will do at his own risk.  

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Hi,since your grand father has sold the land ,the current owners are in discretion to either sell or mortgage the land without requiring your prior consent 

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Since the purchasers had bought the property from your grandfather by paying some consideration amount and have been in possession and enjoyment of the same for a period over 30 years, even thought he property was not transferred by a registered sale deed, the law of adverse possession and the other documentary evidences would strongly support their claim for title if they file a suit for declaration to declare their title to the property.

If you are keen in acquiring the property in the fond memory of your grandfather then you can offer to buy the property from them at the prevailing market rate, provided they are willing to sell, however you cannot force them to sell the property to you by any means.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

- A Pattadhar pass book is a document type in the form of a small-bound book which contains all details of landowner also known as Pattadar , and this book is issued by the revenue officials under the Record of Rights Act and is also considered as a proof of ownership. 

- As per Section 3 of Telangana State Rights in Land Pattadar Passbooks Act – 1971, a record of rights (ROR) shall be created.

- Further, under Section 6A(2) , on the basis of the records of rights the Mandal Officer shall issue a title deed and pass book.

- It means that the record of rights in the Office of the Mandal revenue Officer is the actual record of the title and ownership of the land.

- Since the land was not registered in their name by your grandfather, then it means that the Mandal Revenue Officer, without verifying the facts of the case and without conducting enquiry , as mentioned in the Telangana State Rights in Land Pattadar Passbooks Act had issued pattadar pass book and title deeds in favour of them. 

- And further ,as they are selling the lands , hence you should firstly lodge your written complaint before the Mandal Ravenue officer , for restraining the sell transaction. 

- Further , if no response , then appeal before the Joint Collector, and further if no cancellation taking place , then you should file a Writ petition before the High court. 

- If the said pattadar pass book was obtained influentially , then how you want to purchase the land from them , in-spite of cancelling the same legally. 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

That land was sold, you can only purchase the land now only if its available for sale.

It was sold 40 and 30 years back respectively, most probably according to the procedures of that time.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Dear Sir,

Actually it is not fair play. Any way as a duty bound lawyer towards client I would like to suggest you as follows.

Since it is not registered in their favor by any sale deed executed by your grand father so you can raise two parallel litigations as follows.

  1. Before RDO to canel such revenue entries which are not based upon any registered document which mandatory.
  2. Before Civil Court saying you are the owners and file a suit for declaration or permanent injunction as the case may be

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

1. Well since the property was sold and on receipt of full consideration amount the purchasers are given possession of the property , part performance of contract has been done and the purchasers have got rights there in.

2. Moreover 40 years have passed and their possession has been established bh way of Mutation as well. 

3. Moreover any suit even if contemplated is barred by limitation also. 

4. In such case its better to forget the lands.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

1. Sale can take place only through a registered sale deed.

2. Pass books are relevant for revenue purposes only, and do not pass or confer title.

3. You are free to file suit for declaration of title and also seek recovery of possession. 

4. In your suit itself you can seek temporary injunction to stop creation of third party rights during pendency of suit in the civil court. 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You cant force them to sell it to you. At the most you can challenge the same deed for the same in court. 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

With out a title of the property they could not sell the land. As per your query the transaction from your grandfather done before 40 years and possession and enjoyment of the same is with them.

In such a case no acquisition is not possible. meet present owner and ask to give that property for the memory of grand father by paying market value of the property.


Section 3 of Telangana State Rights in Land Pattadar Passbooks Act – 1971, provides that a record of rights shall be created. Section 6A(2) provides that on the basis of the records of rights the Mandal Officer shall issue a title deed and pass book. This shows that the record of rights in the Office of the Mandal revenue Officer is the actual record of the title and ownership of the land. The pass book and the title deeds prepared by the Mandal Officer and given to the beneficiaries are only records which convey the legal position as in existence in the record of rights maintained by the Revenue Officer. 

Section 5A syas that if a person is an occupant by virtue of alienation or transfer effected otherwise than by a registered document, then the person has to pay an amount equal to the registration fees and the stamp duty that would have been payable had the alienation or transfer been effected by a registered document in accordance with the provisions of the Registration Act, 1908 as fixed by the registering officer on a reference made to him by the Mandal Revenue Officer on the basis of the value of the property arrived at in such manner as may be prescribed. This shows the document of title is the document registered with the authority under the Registration Act, 1908 and the title deed and pass book are mere reflections of the same.

 

Pattadar Passbook cum Title deed  confers ownership to the holder and that any transfer of title has to be recorded in the Pattadar Passbook cum Title deed and the transfer of title can be registered only on the production of the Pattadar Passbook cum Title deed by transferor as well as transferee. Therefore, it can be deduced that PPB cum TD is a document of title. Further A close reading of Rule 26 & 31 of the PPB Rules, 1989 establishes that the Pattadar Passbook cum Title deed is document of Title.

 

If so they can register

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

5.0 on 5.0

If sell deed has not happened than you can send them legal notice that if they want to sell the land first reference should be given to you keep registrar and collector officer in the cc. 

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Mere reflection of Pattadhar Passbook does not confer title / ownership.

You can insist them to sell the land to you.  More particularly, when you are ready to pay market price, they should not have any problem.

You need to get the Sale Deed executed in your favor by paying stamp duty and registered at registrar's office.

On obtaining sale deed in your name, you can make an application for mutation of your name in the Revenue Records.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

1. Legally & Strictly speaking, Land once sold and duly mutated /transferred in Revenue Records more than 30 years back, is legally not possible to be revoked or re-acquisition without the express consent of the new Land Owners.

2. Further the land transfer issue cannot be raised legally, more since since it is Time barred after 30 years.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. You can only offer them the consideration in which they are ready to sell property to you. 

2. They are under no obligation to give you notice before selling the land as they are owner of that property.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

In case of property matter , the limitation is for 12 years, so it almost 30 years back the land was sold. Hence you will have to explain the reason of delay, which we can suggest only after examining the documents.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Hi 

Since it appears that your grand father as not registered any sale deed, you in your capacity as grand sons can challenge the possessor's and ask for resumption of land. 

In law, section 17 and 53 A of transfer of property act  and section 49 of the Registration act, clearly state that for any transfer of property , the same should be done by way of a sale deed duly executed at sub registrar office after payment of stamp duty and registration fees,

Mere entry in revenue records (patta and adangal) are not proof of transfer of property. 

You should file a suit for declaration of title and possession in courts where the property is situated and also obtain injunction against the possessors. 

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

If they had purchased the land sold by your grandfather then there is nothing you can do. If the sale was not registered then it was not sold at all and hence then the land atil belongs to you and his claim must go.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

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