• In online records after some years others name entered

In Andhra Pradesh The incentive Agricultural land given in 1976 to my grand mother for my father’s brother who his unmarried army soldier died in war. After that my grand mother and mother continuously visiting the land. After demises of father, mother and grand mother some years of gap came and unable to visit the land due to busy in jobs in other stations. The original documents all are available with me , when I came to notice that resurvey is going on in village where the land is given ,I visited and attended for re-Survey the names of other persons are entered in online and that persons are not came to attend for resurvey . I approached Thasildhar and representation given to enter my name and am the legal hier to this property. He advised to go for ROR. Their names can’t be deleted . So please give your valuable suggestions to get back my land owner ship. The online added persons are in cultivation on land now and also they have obtained Pattas from government as information orally given by the VRO. But for my representation official reply yet to come (3 months) completed not served by revenue authorities. So what are the next steps to move further in this issue please help me
Asked 23 hours ago in Property Law
Religion: Hindu

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

4 Answers

1) apply for and obtain legal heir certificate of your grand morher ,father,mother 

 

2) you must have death certificate of your grand mother ,father ,mother 

 

3)The 1976 war-widow/dependent military incentive allotment order is your strongest evidence. Ensure it is preserved, as government land granted to defense personnel who died in war carries strict non-alienation violations if occupied by unauthorized third parties.

 

4)File a formal Title Appeal under Section 5(5) of the Andhra Pradesh Rights in Land and Land Revenue Act (ROR Act) before the Revenue Divisional Officer (RDO) of your division.

 

5)take the plea that Pattas obtained are fraudulent as land allotted  to military personnel cannot be assigned to third parties 

 

6) enclose military incentive allotment order ,death certificates and legal heir certificate and representation made to tehsildar 

Ajay Sethi
Advocate, Mumbai
100420 Answers
8212 Consultations

Dear Client,

You have strong prima‑facie rights (original grant papers, passbooks and family possession), so promptly submit a written representation with certified copies of the grant/order, pattadar passbook, death certificates and possession evidence to the Tahsildar/Collector asking for correction of ROR and cancellation of the wrongful online mutations, obtain certified copies of the new online entries (use RTI if the office delays), and if the revenue authorities refuse or do not respond within the statutory period engage a local lawyer to file a writ/mandamus or a civil suit for mandatory injunction and recovery of possession against the unlawful occupants while also lodging a criminal complaint if there is suspected forgery or fraud; gather all originals, VRO/field reports and tax receipts first, and consider seeking an interim court order to restrain further transfers pending final remedy.

I hope this helps and if you have any further issues do not hesitate to contact us.

Anik Miu
Advocate, Bangalore
11257 Answers
126 Consultations

Since the Tahsildar has already suggested a Record of Rights (ROR) amendment and you have received no reply in three months, you must escalate. File an Appeal with the Revenue Divisional Officer (RDO).

Under the AP Rights in Land and Pattadar Pass Books Act, if the Tahsildar does not act or gives an unfavorable decision, the RDO is the appellate authority. File a formal appeal to delete the "illegal" entries and restore your name.  Emphasize that this land was a D-Form Patta (conditional grant) given to a martyr’s family. In Andhra Pradesh, such lands often have a "prohibitory period" for sale. If the current occupants claim they "bought" it, the sale might be legally void from the start.

If the government issued new Pattas over your existing grant without a formal cancellation of your grandmother's title, it is a procedural lapse.

 

Do not rely on oral information. File an RTI to the Tahsildar’s office asking:

  1. On what basis were the current names entered in the online portal?

  2. Copies of any "Pattas" issued to the current occupants.

  3. The status of your representation filed 3 months ago.

Check if the land is listed under Section 22-A of the Registration Act. If it is correctly recorded as government-granted land for martyrs, the current occupants cannot legally register a sale deed.

You may even consider approaching civil court. You may need to file a suit in a Civil Court to declare you as the legal heir, cancel any illegal documents held by the occupants, recover Possession of the land.  Ask the court for a "Temporary Injunction" to prevent the current occupants from selling the land or creating further "third-party interests" while the case is pending.

 

 

T Kalaiselvan
Advocate, Vellore
90624 Answers
2523 Consultations

You need to immediately file a appeal to Tahsildar order or file a suit seeking injunction in the said matter 

Prashant Nayak
Advocate, Mumbai
34979 Answers
255 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer