• Patta on the divided property

Hi , I have a property which was divided after my father between my brother and myself , it's a rectangle property and at present my brother is using the full property and shares a minimum rent. I want a patta for my share of the property and when applied I received it in my name and in my fathers name , is this right , cannot I get a patta in my name only .please advice . Will I have any problem in holding such a patta as my brother is also a legal heir to my father and if I use my part of the property for collateral in future will I have any problem in having the patta in my fathers name and my name . I would also like to mention that my relationship with my brother is not good at all . What should I do to get a patta in my name .
Asked 6 months ago in Property Law from Chennai, Tamil Nadu
Religion: Hindu
1) was any deed of family settlement or partition executed between you and your brother on father demise for division of property between you and your brother? 

2) is it duly stamped and registered?

3) on basis  of said settlement you can get patta in your name only 

Ajay Sethi
Advocate, Mumbai
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After the demise of your father the patta has to be in name of his legal heirs. It seems that you did not apply for mutation of inheritance. However, the patta is not a document of title as it is relevant only for the purpose of revenue records. You are free to use the property to the extent of your share therein. You can also file a suit for partition to cull out your share in the property.
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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First of all you have not mentioned that if there was a legal partition between you and your brother by executing a registered partition deed between you both.
You have mentioned that the property has been divided, whether it was oral partition or how?
Well the revenue department has issued you a patta on your name and your father name, if you go through the contents properly it will be mentioned that your name son of your father name.  Did your brother also get a patta for the property of his share?
Whether you surveyed and measured your portion of property and properly demarcated through a government surveyor, first you do that and fence your share of property properly to safely secure  the same. 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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