• Patta passbook on another name

My mother has 1acre land which was given by my grandfather as marriage gift. After marriage my mother and father settled in Chennai so, the land maintained by my uncle (my mother's brother). 

after 25 years we plan to sell it. so my mother asked her brother for the document... but he refused and told her that there is no right to ask for the land as they have maintained it for past 25 years.

So, I have applied and collected the duplicate documents and EC from the registrar office.  After collecting it i have applied for patta passbook. There we came to know that it has been already given on my uncle name.

So, pls help me out how to handle this issue..
Asked 1 year ago in Property Law from Hyderabad, Telangana
Religion: Hindu
1) was gift deed executed by grand father in name of mother ? 

2) if gift deed executed your mother would be absolute owner of the land 

3) Pattadar Pass Book (PPB) is a document in the form of a small bound book containing all details of land owned by a person (pattadar). This PPB is issued by revenue officials on their own (suo motu) under a law called Record of Rights Act. (R R Ac

4) MRO is the competent authority to issue PPB.The application must be presented to MRO or Revenue Inspector (RI).Your uncle must have made application 

6) if land was in your mother name it is surprising how patta was transferred in your uncle name . generally Death certificate of earlier owner (if you claim ownership by her inheritance or succession)has to be enclosed to application form 

7) MRO would have issue notice to you and the general public to raise objections, if any. verification and inquiry is done 

After a reasonable period, once the MRO is satisfied about your uncle claims after due enquiry, he will issue the PPB to your uncle 

8) your mother will have to move court and seek declaration that she is lawful owner of said land and for cancellation of patta entries in favour of your uncle 
Ajay Sethi
Advocate, Mumbai
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You have tom lodge a complaint with the concerned Tahsildar stating that the name in the Patta document was fraudulently transferred on his name by your uncle without any right to do so, especially the property being a property of a married woman called 'Stridhan' and the document as well as the encumbrance certificate shows her the owner and defines her marketable title to the property, hence the same is to be cancelled immediately.  The Tahsildar after inquiry  will revert the patta to its original status on your mother's name, if he fails to do so, you can lodge a complaint with the District Collector who in turn shall direct the concerned Tahsildar to investigate the matter and take necessary action based on his enquiry and submit his report. . .   
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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1. You are sleeping all these years and after so many years you are likely to face such problem.
2. Since your uncle is resitting problem then filing a suit is only option.
3. File a suit for declaration and injunction to get back the land.
Devajyoti Barman
Advocate, Kolkata
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54 Consultations
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Maintaining someone else's land does not make the person who maintained it as the owner. The ownership flows from the title deed of the property. In your mother's case the ownership flows from the gift deed executed in her favour by her father. Mere transfer of the land to your mother's brother in the patta does not transfer the ownership to him. Your mother can file a lawsuit for eviction to recover her land.
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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If your mother had a valid document regarding the 1 acre land, then she is the absolute owner of the land.If  the name of the person in the patta book is other than your mother file a complaint before the Tahazildar through proper channel (via village officer) for rectification of name in the partta book . You can't get a remedy from Tahazildar file a writ petition before high court. 
Ajay N S
Advocate, Ernakulam
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19 Consultations
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1) i have already advised you that your mother should move for declaration that she is the owner of land and for setting aside paata entries in favour of her brother 

2)police  may not take your complaint as it is a civil dispute regarding ownership of land and may direct your mother to move court in this regard 

3) your mother can file complaint of cheating criminal breach of trust against her brother for creating patta pass book regarding her land . if police refuse to register complaint file private complaint before magistrate under section 156 (3) of Cr Pc 
Ajay Sethi
Advocate, Mumbai
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1. Yes
2. No since it is public record.
3. Yes but you have to file civil suit only.
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
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You have so far not mentioned that on whose name is the property standing as on date, whether on your mother's name or on her father's name as per the registered document and  what is the EC mentions?
Assuming the property is on your mother's name as per the registered document or deed, just because your uncle got his name mutated by transferring the patta on his name will not confer any title of the property to him and he cannot claim ownership on the basis of the patta on his name. 
However, the patta on his name has to be changed or reverted to your mother's name by moving an application to the concerned Tahsildar giving explanations about the fraudulent manipulations carried out  by your uncle without her knowledge, the revenue department will conduct an inquiry and  revert the same on your mother's name after verifying and ascertaining the details properly.  
The police will not entertain the complaint stating that it is a civil matter and will direct you to approach civil court.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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It does not amount to forgery if someone has got his name reflected in the patta of another person's land. No right of ownership can be asserted on the basis of the patta. You have to file a lawsuit for eviction in the court to get back your land. Criminal prosecution for trespass can also be launched against him.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

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