• Purchase of Patta land

Hello Sir,
  I my name is Surendra and I am from Hyderabad.
I am planning to purchase an agricultural land near Vijayawada Andhra Pradesh. This land is a patta land given to the former before 1980's. Now the former like to sell a part of this land. 
  The former has 4 sons and all 4 got married and had children, some are major and some are minor.
   If I need to buy this portion of the land, do all his sons and grand sons need to agree and do a signature infront of Registrar ?
  Cause one of the former son is not willing to sign for the registration.
Please advice me how do i proceed as I already had an agreement with the former by paying him a 20% of money.
Thanks in advance to all.
Surendra
Asked 2 months ago in Property Law from Hyderabad, Telangana
Religion: Hindu
1) if it is self acquired property of seller consent of children and grand children is not necessary for sale of property 

2) only in case of ancestral property consent is required

3) seller during his lifetime is free to dispose of the property 
Ajay Sethi
Advocate, Mumbai
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1219 Consultations
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During the life of the owner i.e farmer none of his heirs has any share in the land. He is free to sell the land to anyone during his lifetime. He does not require the consent of his children to execute the sale deed in your favour. 
Ashish Davessar
Advocate, Jaipur
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448 Consultations
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property which has remained undivided for four generations would be ancestral property

2) you should ask seller to produce all original documents of title

3) take 50 years title search of records 

4) it is better you obtain consent of all legal heirs for sale of land 

5) consult a local lawyer
Ajay Sethi
Advocate, Mumbai
23234 Answers
1219 Consultations
5.0 on 5.0
The Patta land will be allotted with some conditions that the land should not be sold within 30 years or any other time stipulated as a pre-condition for allotment of such lands. 
The patta land if allott4ed to Reserved class/community, then it may not be eligible to be sold to a person of different community.
Or if it was the land occupied by some people and had been in possession for over many decades and subsequently got patta from government, then find out on whose name is the original patta and who all have subsequently taken possession of land and whether the person now holding possession is having patta in his name or not and also about the tax receipts, name in the village revenue records etc to be ascertained.
It will not be an easy task for you to get the exact opinion about the title and encumbrance on the property, hence it is advisable that an advocate may be consulted with the copies of all relevant documents of the property, get his opinion before finalising the deal of purchase. 
Do not be in a hurry to buy the property just because it is offered at a cheap rate, the subsequent problems may cost equal to the land cost at a later date in case a problem or litigation arise.
T Kalaiselvan
Advocate, Vellore
14008 Answers
127 Consultations
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 But there is no documents saying the land is given to x person and then to y and then to this former. how can i get that complete detailed history of that land. 

You can make an enquiry about this from the land revenue department.






Mean while i tried to get the Encumbrance Certificate on the survey number. EC shows since 2007 there is no sale happend to this land, but the land owner name is shown as a next to someone land. 

If the name of the owner is different to that of the name found in the Patta, there has to be some transaction connected to this property prior to 2007 itself, hence title search can also be undertaken with the registrar office. 






does the former has the right to sell a part of his land ?
in this scenario is this land becomes a ancestral property ?

Without seeing the property documents, no concrete opinion can be rendered to vouch for the purchase.





if the former wants to sell a part of his land does all his legal heir's need to do signature ?
If it is ancestral property then all the coparceners have to sign the sale deed before registration .






if i want to get registration history of this land how do get it and from where do i get it ?

Apply for title search through your advocate before the registrar's office.






T Kalaiselvan
Advocate, Vellore
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127 Consultations
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You need to conduct a title search through a local lawyer in the office of sub-registrar to trace the title of the land. Only after a perusal of the documents in question one can tell if the title is free and marketable. The land does not become ancestral if gets divided. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0

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