• 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 2 months ago in Property Law
Religion: Hindu

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6 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
100619 Answers
8227 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
11356 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
90826 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
35127 Answers
256 Consultations

From the facts stated by you, your case appears to involve wrongful mutation/revenue entry and possible illegal occupation of assigned agricultural land originally granted to your grandmother in relation to your deceased uncle who died in military service.

The most important point to understand is that mere online revenue entries or pattadar entries do not automatically confer valid title if the original assignment and succession rights are legally in your favour. At the same time, since the other persons are presently shown in online records and are stated to be in cultivation, immediate legal action is necessary because delay may complicate matters further.

Since you possess the original assignment and title-related documents, those documents will be extremely important. You should immediately collect and preserve: the original assignment order/grant proceedings of 1976, old pahani/adangal records, 1-B register extracts, ROR records, tax receipts, resurvey notices, death certificates of your grandmother, father and uncle, legal heir certificates, and any prior cultivation or possession records.

You should also immediately apply for certified copies of: current online revenue entries, mutation proceedings, pattadar passbooks issued to the other persons, DKT/assignment records if any, and the basis on which their names were entered.

If the Tahsildar has not passed orders on your representation even after three months, you should not remain passive. You may proceed with: an appeal/revision before the Revenue Divisional Officer (RDO) or competent revenue appellate authority, and simultaneously seek certified copies through RTI applications.

If pattas have been granted to third parties without notice to legal heirs and without cancellation of the original assignment rights, such proceedings may be challengeable.

However, since possession is presently with the other persons and there appears to be a dispute regarding title and cultivation, revenue authorities alone may not fully resolve the issue. In many such cases, parties ultimately need to file: a civil suit for declaration of title, recovery of possession, cancellation of illegal entries/mutations, and permanent injunction.

You should also carefully verify whether the original assigned land carried any restrictions on transfer or succession under Andhra Pradesh assigned lands laws, because the nature of assignment conditions can affect inheritance rights and validity of subsequent pattas.

If the land was assigned to your grandmother for the benefit of the deceased soldier’s family and the assignment remained within the legal heirs, your succession claim may still survive. But if government authorities later treated the land as abandoned, resumed, or eligible for reassignment due to long non-cultivation or absence, that issue may also arise and will need factual examination.

The fact that the persons whose names are entered did not attend the resurvey proceedings may help your case, particularly if no proper notice or adjudication occurred before mutation.

At this stage, your immediate next steps should be: obtain all certified revenue records and mutation proceedings, file RTI applications seeking the basis of current entries and pattas, pursue appeal/revision before higher revenue authorities, and consult a local civil lawyer to prepare for declaratory and possession proceedings if revenue remedies fail.

You should also avoid further delay because prolonged possession by third parties may later give rise to adverse possession or equity-related defences.

In conclusion, the online entries and pattas in favour of third parties are not necessarily final if they were obtained illegally or without proper process. Since you possess original documents and claim legal heirship, you appear to have an arguable case to challenge the revenue entries and seek restoration of title and possession, but prompt legal proceedings and collection of certified records are now essential.

Yuganshu Sharma
Advocate, Delhi
1462 Answers
5 Consultations

Since the original assignment documents, possession history, and family linkage are available with you, your claim is not weak merely because other names were entered in online revenue records. In Andhra Pradesh, revenue entries and pattadar passbooks are evidentiary documents but do not conclusively extinguish title. Immediately obtain certified copies of the assignment order of 1976, pahani/adangal, 1-B register, resurvey records, pattas issued to the present cultivators, and mutation proceedings through RTI or MeeSeva. File a formal application under the Record of Rights provisions before the Tahsildar seeking mutation in your favour and cancellation of illegal entries. If no order is passed despite three months, prefer an appeal/revision before the Revenue Divisional Officer or Collector alleging illegal mutation and violation of natural justice.

Because the persons presently cultivating the land allegedly obtained pattas and are in possession, a civil title dispute may also arise. Therefore, alongside revenue remedies, you should file a civil suit for declaration of title, cancellation of illegal pattas/mutations, recovery of possession, and permanent injunction before the competent civil court having territorial jurisdiction. Request interim injunction restraining further alienation or construction upon the land. Since the land was originally granted to the family of a deceased soldier, verify whether the assignment conditions prohibited transfer to third parties; if so, the later pattas may be challengeable as void. Preserve proof showing continuous family connection with the property and promptly pursue proceedings because prolonged inaction may strengthen adverse possession arguments by current occupants.

Lalit Saxena
Advocate, Sonbhadra
314 Answers

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