• Missing land patta copy of a property with valid registry

We live in rural area, My father had purchased a land outside village area in march 1990 as an investment purpose from a party (Party -1 : Mr. Dayalal). 

Mr. Dayalal passed away in 1995.

We are having proper valid property registry documents of the same which clearly states that we had purchased that land from Mr. Dayalal in 1990.

Here we have the valid registry documents but we don't have any land patta copy along with registry records.

We were not aware that land patta copy should also be available with us.

In 2017 my father sold 1/3rd part of land to his friend (Mr. Pramod) and registry of that sold 1/3 rd part of land is also converted on Mr. Pramod's name in Year-2017.

In 2020, Mr. Pramod had applied for home loan from Bank of Baroda to construct home on his purchased land and submitted land registry of his part but home loan was refused because he was not having land patta copy with him.

Mr. Pramod approached us for land patta but we are not having the copy of the same. As per best of our knowledge and understanding it was never available with our registry records.

We both are searching the old patta copy with Mr. Dayalal's family, gram panchayat, tehsil and registrar records etc since 1 year, but designated officers are telling that copy of that land patta is missing in their records as well.

(Unofficially they are telling that it might be misplaced or ruined by termites.)

Kindly advice on below queries :

1. If land patta copy is actually misplaced & no copy of the same is available anywhere, is there any process to regenerate the same based on registry documents ?

2. How Mr. Pramod can get the home loan without patta ?

3. If we wish to sell remaining part of land in future, how to support future buyers of remaining land so that they dont have to face any issues to get the home loan?

4. We posses this land since more than 30 years without any dispute till now. Is there any chance of trouble if we dont get its land patta ?
Asked 2 years ago in Property Law
Religion: Hindu

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6 Answers

1) registered sale deed confers title to property . entry in revenue records ie patta does not confer title to property .

 

2) it is only for payment of property taxes . However it is necessary to have patta in your name 

 

3) if you want to sell remaining land you should get patta  in your name 

 

4) without patta Pramod would not get home loan 

 

5) 

  • To get your name registered under the Patta, you have to make an application to the Tehsildar, requesting him to get your name registered.
  • He could after examining the application either accept the application or will reject it.
  • He could either ask you to show the property and would investigate the property by himself or may ask you to provide certain documents which could prove that the new owner of that property is you and then match those with the ones which are available in the revenue office and then change it.

6) if seller his dead approach his legal heirs for assistance 

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

1. The patta is a Revenue record, the record of which will be available only at the tehsil office. The land registry keeps records of all transactions relating to the survey lands within its jurisdiction. In the circumstances, you may apply to the tehsil office for a duplicate against indemnity, failing which file a Writ at the High Court seeking a direction on the Revenue authorities to produce the patta, or alternatively, issue you a duplicate.

2. The patta is only a document evidencing title and NOT one conferring title. In the circumstances, the advocate on the bank's panel has to be convinced to certify the title, if it is otherwise in order. An undertaking letter or an affidavit to produce the patta at a later date may also serve the purpose.

3. Arrange to get a duplicate issued by the tehsil office against indemnity or file a Writ as advised in response to Q.1.

4. Nothing serious.

Swaminathan Neelakantan
Advocate, Coimbatore
2794 Answers
20 Consultations

4.9 on 5.0

1.  You apply for patta on the basis of the registration documents on your name in writing, let them give it in writing stating that they do not have records to furnish the desired patta.

After that you can file a suit seeking direction to the Tehsildar to issue patta. The Tehsildar has to issue a patta on the basis of court orders.

2. He may have to approach another bank or NBFC if there is no patta  otherwise he too has to follow the same procedure what has been suggested to you.

3. You first obtain patta by following the procedures as suggested after which you can sell the property.

4. Patta is just a revenue document supporting your title to the property.The registered sale deed on your name is the title document to establish your clear and marketable title to the property, hence there is no apprehension of any danger to yor title to the property in the absence of patta.

Whatever, you may first procure patta. 

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

1. Yes

2. You will take in on the basis of registry documents

3. Through proper title and indemnity bond

4. If there is no legal claimants then no issues

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

You can apply for duplicate patta from the Office. IT must available in the office file of Municipal Office.Apply under RTI to obtain full file of your plot no.

File missing complaint in the police station. Missing complaint will substitute the patta requirement.

Is there any chance of trouble if we dont get its land patta ? - NO, patta is chain of land document. Mostly require for Loan sanction.
Do dispute to title.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

Dear client, 

1) you can get your duplicate patta to the tehsildar through the court orders. 

2) Can be either through an affidavit declaring the title and submitting patta or through other documents as per the bank. 

3) you can do it after getting the duplicate patta

4) there is no trouble but it will be hard for loans or in any other such circumstances. 

Thank you

Anik Miu
Advocate, Bangalore
8854 Answers
110 Consultations

4.7 on 5.0

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