Legal Rights available for us
I am from Andhra Pradesh and need your valuable guidance...
• My grandfather name was Gopala Rao.
• He bought few acres of land from Jamindars before independence by paying some amount to them and used to cultivate it.
• It was not a registered land at that time though he used to pay land tax (as per government records, the land categorised as waste forest land).
• He expired in 1967.
• He had two sons (namely Ramu & Prabhakar. My father Prabhaker was the younger son).
• After this death, in 1974, his sons applied for sanction of ryotwari patta to the land administration of Andhra Pradesh under estates abolition act in the name of GOPALA RAO & SONS.
• The same was approved by land administration in 1983, high court approved in 2003, Advocate General advised to implement the court order in 2007, but same was not implemented by concerned authorities till date (in this respect, we posed to approach lokayukta court in 2012 and later changed to HC in 2014).
• But main point was though patta application made in the name of GOPALA RAO & SONS, same was sanctioned in the name of my father’s elder brother name i.e. RAMU.
• We did not aware how it was happened and why patta came in his name.
• We suspect whether my father’s brother later changed the patta application in his name without the notice of my father.
• My father saying no approval or authorisation was given by him to his brother for change of patta application or name change from his side.
• Here, my doubt “Is it possible to change the application for patta from my grandfather name to my father’s elder brother name without my father consent” as my father also having equal rights legally over his father land.
• Some saying as all legal proceedings were attended by my father’s elder brother, patta issued in this name. Is to correct.
• Actually as per my grandfather, my father entitled for 2/3 of land and his brother entitled for 1/3 land only due to family adjustments and no agreements were written in this direction.
• If patta came in GOPALA RAO & SONS, both sons have to sign to get the registration or one has to give authority to another to conclude the registration process.
• As patta came in my father’s brother name, now he and his son are not writing our share of land.
• My father’s brother aged more than 85 and mostly in ending stage
• Already he lost mental imbalance
• His son not cooperating to conclude the sharing process
None of the papers pertaining to this file available with us. To know where things gone wrong, I am requesting the entire file copy under RTI Act 2005 since 2012 from the concerned authorities but none responding.
So, I request your valuable guidance how to handle this and what are the various rights available for us.
Can we request the court not to get register the land without our signatures also.