• Patta is with someone else

Hello.
I am an only son to my parents and I am settled abroad. Back in the day, my mom needed some money and intended to sell a piece of land to another person (let us call him X). There was no receipt or anything that my mom or I signed to inform about transaction. X paid less money than originally promised and took the patta with him. After many years, he comes back to us asking us to transfer our land to his name. He still has land related paper.

In the due course land value has risen exorbitantly. When I told him that I will repay several folds more money than what he paid us. He is ignoring it.
Now, he has no receipt or anything in writing. Patta is in my name. I am willing to offer him some Rs. 
What are my options, legally speaking?
Asked 3 days ago in Property Law
Religion: Christian

7 answers received in 1 day.

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7 Answers

You can treat the original as lost. Make a complaint to local police station with regard to loss of patta, after that publish a notice  in local news paper warning the general public, banks not to deal with anyone claiming possession of original also offer handsome reward to finder of patta. This will alert him and he may come for settlement on your terms. Otherwise you can proceed with deal with land with all proof of complaint the public notification.


It is better to engage an experienced lawyer. 

Ravi Shinde
Advocate, Hyderabad
1654 Answers
21 Consultations

5.0 on 5.0

no registered sand deed has been executed in his name 

 

2) purchaser does not have clear and marketable title to property 

 

3) he has only possession of land 

 

4) purchaser has to file suit for specific performance to direct your mother to execute registered sale deed in his favour 

Ajay Sethi
Advocate, Mumbai
85546 Answers
5730 Consultations

5.0 on 5.0

A patta is by itself not a document to title, as it cannot confer title upon someone. It is a Revenue record evidencing title. Please find out with whom the original sale deed, gift deed or partition deed conveying the title to your mother or to you is. By merely being in possession of the patta, X cannot legally claim title. However, there is a risk of his doing so by claiming adverse possession if he has been in uninterrupted possession and enjoyment of the property for 12 years or more.

Swaminathan Neelakantan
Advocate, Coimbatore
1498 Answers
17 Consultations

4.9 on 5.0

You can settle with him or dispute the same and deny the sale by approaching court. 

Sir, If you need any further assistance.You can approach me through Kaanoon or LinkedIn.

https://www.linkedin.com/in/prashant-nayak-5477b138

Prashant Nayak
Advocate, Mumbai
25386 Answers
65 Consultations

4.4 on 5.0

You don't have to beg him 

If he is not agreeing for any terms, ask him to proceed legally.

In the meantime you may submit a complaint to the police stating that yo have lost the patta after which you can apply for new patta from the revenue department.

The patta in his possession shall not confer rights to him over the property in any manner.

He knows the background facts, hence he is still hesitating to take any legal action.

Besides in the absence of any sale agreement between you both, he cannot claim or file a suit for specific performance of contract too.

If the money given by him was more than three years ago, you may not have to worry bout it because it is barred by limitation, hence do not commit anything about it because it would give a fresh lease of life from the date of you acknowledging the amount obtained from him.

 

T Kalaiselvan
Advocate, Vellore
75676 Answers
1313 Consultations

5.0 on 5.0

- A Patta is a legal document issued by the Government in the name of the actual owner of a particular plot of land. 

- Further, only having the property documents cannot make a person legal owner of any property , and for transferring the Patta , a title deed is required .

- If he not agree for paying more than the market price , then you can send him a legal notice for cancelling the deal if any . 

- Further , as no agreement was executed by your mother , then cannot even file any case against her legally. 

- Further, as the patta is in your name , then you can publish a lost advertisement in the paper , and get the certified copy from the competent authority . 

- Further , if he is in possession of the property , then you can file a suit for evicting him .

 

You can contact me , if further more suggestion needed in this regard. 

Mohammed Shahzad
Advocate, Delhi
8791 Answers
94 Consultations

5.0 on 5.0

A patta is merely a revenue record at the end of the day and by no means any proof of conferring title whatsoever. Other than that, he can claim adverse possession of the property if he has been in possession of the property for more than 12 years but even in suit relating to that, he would have to show his title to the property failing which he will be adjudged a trespasser only. So, since you are saying there is o registered sale deed yet, you can deem the transaction to have not taken place at all. Further, make a complaint to the police you have lost the patta and attaching that complaint as an annexure make an application to the revenue authorities to issue new patta based on your title to the property. 

Sanjay Narayandas
Advocate, Hyderabad
92 Answers

5.0 on 5.0

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