• Land inheritance - Pattadar Passbooks

We had 4 acres cultivation land in Andhra Pradesh which was transferred to my grandfather from his father in 1935. My grandfather has pattadar passbooks for the land on his name until his death in 1989. He died without writing any will.
He has 1 daughter married in 1960s and 3 sons, my father is one of them.
All these years from 1989 to till date my father is paying land taxes on his name and on the name of his two brothers (who are living in cities) by dividing 4 acres to 1.3 acre for each of them. 
We have tax receipts for all these years on the names of my father and uncles.
But the pattdar passbooks are not transferred to my father and his brothers since there is no will written by my grandfather.

Now when we apply for pattadar passbooks for 4 acres on the names of my father and uncles, Revenue officials saying that there is no will from my grandfather regarding land partition, so they cannot provide passbooks. How to deal with this situation? Will my father's sister also get a share in her father's property ( She got married in 1960s, and I read some where that only women married after 1985 will get share in parent's property).

Please help with your advise.
Asked 2 years ago in Property Law from Hyderabad, Andhra Pradesh
now the rule has changed by the ammentment act of 2002 and all legal heirs male or female are entitled for the share in the same. you have to produce our grand fathers death certificate and get a legal heir certificate and then give an application to change the pattadhar in the name of his legal heirs in the land tribunal or to thalisdhar  then ask to mutate the same in the name of his daugther and sons and make a family settlement deed or file a partition suit claiming your share
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
I have gone through your case...

Your grandfather died in 1989 without executing a will...That means he died intestate... In such a case as per Hindu Succession  Act his property will be divided equally among the legal heirs of Class-I Category.

Hence your father along with your uncles including your aunt (married daughter of your grandfather) have got equal right over said plot land and have got full right to mutate their name in the land record of your area. 

So, my advice to you is that ask your father to execute a partition involving his brothers and sister and get its registered and after execution of the partition deed file an application before the revenue authority for mutation on basis of the partition deed.

If the revenue authority refuses to entertain your application file a complain at the higher authority..

Regarding your query about your married Aunt I would like let you know that the law has changed by the amendment act of 2002 and now all legal heirs male or female are entitled for the share the property equally..
Sujoy
Advocate, Guwahati
8 Answers
0 Consultations
5.0 on 5.0
1) since your grand father died intestate in 1989 there are 4 legal heirs of the said land 


2) your aunt has 1/4th share in said land . 

3) partition deed  can be made between the legal heirs . have it duly stamped and registered and have the property mutated in name of the 4 legal heirs .
Ajay Sethi
Advocate, Mumbai
23119 Answers
1214 Consultations
5.0 on 5.0
1. All your sisters have equal share on the said property,

2. Arrange for a legal heir certificate and apply for the said passbook adding all the legal heirs name,

3. The Revenue Officer will not refuse now,

4. If you can get a relinquishment deed executed and registered in favour of your broithers  by your sisters then only the brothers name will be recorded.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
your grand father has died intestate ie without a will . as such your aunt will have a share . deed of partition has to be duly stamped and registered . in your case no such partition deed has been made by your grand father .
Ajay Sethi
Advocate, Mumbai
23119 Answers
1214 Consultations
5.0 on 5.0
Since he died without writing a will all his heirs will have share, A share will go to your aunt also. You can't deny it.so you apply for legal heir certficate and then oriduce his death certificate and then apply for part adhaar in the name of his heirs
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
I completely agree with KK. Ganguly, Ajay Sethi and Mohandas. Everything is covered, nothing to comment.
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0
A. Your Aunt has absolute right over the property due to property nature is ancestral and grandfather died intestate.

B. As per Pattadar passbook 3 members are visible on the basis of principles of surviving legal heirs. Therefore, you have to submit the death certificate of your grandfather and Family Tree before the Tahsildar for Mutation.

C. Additionally, you can enter partition deed by duly stamped and register before the sub registrar office. Later, you can tender this partition deed before the tahsildar for mutation. Subsequently, all the members will get a separate pattadar passbook with respect to their proportionate share.
B.T. Ravi
Advocate, Bangalore
733 Answers
29 Consultations
5.0 on 5.0
1. Prioperty is not partitioned through Pattadar Passbook but through Will, Settlement Deed, Partition Deed etc.,

2. Your grandfather died intestate,

3. Hence all his legal heirs including his daughters are co-owners of his said property.


Adv K.K.Ganguly
High Court, Calcutta

 .
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Hello,
Since your grandfather died without writing a will all the siblings will be equal stakeholders in the entire  property as it devolves equally on all.
Pattadhar passbook alone will not support the calim 
Therefore all children have equal rights.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0

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