Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Srinivas Velidanda   17 February 2010 at 00:45

Differences in Pattedar Passbook and Record of Rights

My father purchased land to an extent of 32guntas from one of my uncle in 1971 and they had

unregistered sale deed with couple of elderly persons as witnesses in the village. As the

time passed my father and our uncle who sold the property passed away without getting the

property registered.

My father constructed a house in the said land, also sold out part of the land and we were

in possession of the remaining land since 1971. Luckily after around 12 years we got some

betterment in our financial position and planned to construct shops as the place was

suitable for commercial development and were trying to get some bank loan.

That required the property to be registered etc. We approached our uncles sons, they were 4

brothers and the revenue records got updated by dividing the land purchased by my father

into 4 sub divisions. My father purchased land in Sy.No.428 and that got divided into

428/1/A,B,C and D. Randomly choosing one of them we took the pattedar passbook where 428/1/C

was listed and got that part registered on my name thinking the pattedar passbook is the

authorized document.

As registration got delayed because of non-availability of relevant person to register the

land, we got the money adjusted for construction alternately and the registration document

was lying with us without proceeding further to get that implemented in ROR.

After 6/7 years of registration we wanted to get that implemented in ROR as we were in need

of money for some other construction and applied to MRO for ROR implementation. After

roaming around the MRO office we finally came to know that the registration was not correct

as the property is on 2nd son's name and pattedar passbook for the same sub division was

issued on 3rd son's name and for that reason the property cannot be mutated onto my name as

per the registration document submitted.

Please advise me as what shall be done in this case. Registration was done by looking at

Pattedar Passbook, treating it as the evidence of ownership and we are in great loss because

the revenue officials are making our life miserable asking us to bribe them otherwise they

are trying to mislead us. MRO said that he has no powers to do anything about this and we

need appeal to RDO and get ROR implemented. Please reply as what can be done. I would like

to know whether Pattedar Passbook is that useless to simply ignore it as it was not correct,

if that was not correct then how can the registrar proceed registering the property based on

pattedar passbook.

1. Can we file a petition against Registrar and MRO for harrassing people with their

mistakes ?

2. Can we file a petition against revenue department for not taking necessary action keeping

the matter pending without any correspondence for more than a year after applying for

implementation of ROR, matter was kept pending as they were

Gul Thadani   16 February 2010 at 22:51

Ownership of the property

Dear Mr Vadrali,
I want your help after reading all your solutions.
I am jobless and looking for job i am survived by my mother one of my elder sister she is not normal and my wife and my 2yrs 8month old son. Some how i am manging
My problem is where i am staying currently is my grandmothers house. she expired and left a will stating 4 equal shares for there children.
1.Ms Ganga Thadani
2.Mr Lokumal Thadani
3.Ms Dhami Thadani
4.Mr Rajkumar Thadani
now Mr Lokumal Thadani didn't stay with her mother and left the family from the time her mother was alive.
The will says he has a right for 1/4 share but they can sort it out by paying him the money from the dispute of there MAMA my grandmothers brothers property.

So now my uncle is the nominee and he is creating problems and i cannot get it change.

Kumar Krishan Agarwal Advocate   16 February 2010 at 22:44

STAMP Duty for Partition in Uttar Pardesh

Dear Sir,

1. What is the percentage or stamp amount in Uttar Pardesh State for writing a partition deed applicable on each share in property? because I have no book or commentary of INDIAN STAMP ACT 1899 for how much partition deed fee applicable in Uttar Pardesh to be charged.

2. Would the Rs 1000/(suppose) Stamp for each partition is used for writing partition deed or Rs 100 stamp is sufficient for writing partition deed and rest amount Rs 900/ will be paid in cash to the sub-registrar.

Anonymous   16 February 2010 at 22:23

Restoration of suit

Plaintiff filed a suit in year 2003 praying to declare him as owner and recovery of possessoin, cancelation of sale deeds and declaring as null & void.

The suit is dismissed for default in the year 2004, but the advocate on record has not informed the plaintiff till his demise. The plaintiff during his life time was under the impression that the suit is running.

In the year August 2009 plainitff died and now the daughter of plaintiff came to know about the suit and its dismissal and immediately demanded the advocate on record, then he gave no objection.

Now the daughter of plaintiff wants to contest the suit. So under which circumstances it is possible. Whether the suit is restored and daughter of plaintiff can be made as party to the suit.

Plz. suggest any judgments of any High court or Supreme court.

SAJAN ANTONY N.   16 February 2010 at 22:12

bail

A elopes with his girl friend. A used B's sim card to call the girl. now B is under the police custody. what are the remedies available to B. UNDER WHICH ACT THE OFFENCE COME. here B is the injured. so pls think for B

Anonymous   16 February 2010 at 21:49

ipc ,494,497,

Husband has filed complaint against his wife as accused no.1 and Mr.X asacused for the offences u/s 494 and 497.On report of IO,the court came to conclusion that accused no.1 is discharged but summons be issued against Mr>X that primafacie case is made out. So my question is that when wife of the complainant is discharged,whether complaint against Mr. X is maintainable.? If not where to go to quash the complaint ?

Anonymous   16 February 2010 at 21:46

ipc ,494,497,

Husband has filed complaint against his wife as accused no.1 and Mr.X asacused for the offences u/s 494 and 497.On report of IO,the court came to conclusion that accused no.1 is discharged but summons be issued against Mr>X that primafacie case is made out. So my question is that when wife of the complainant is discharged,whether complaint against Mr. X is maintainable.? If not where to go to quash the complaint ?

Anonymous   16 February 2010 at 21:21

muslim law

plaintiff & defendant both are following hunifi school[panth].plaintiff is deceased 's doughter's doughter and she has filed reg.civil suit against defendant who is deceased's doughter for partition in deceased property[agricultural land].plaintiff's mother had died before the death of plaintiff's gradfather. whether plaintiff is entitled to get share in her deceased granfather's above property according to muslim law

Anonymous   16 February 2010 at 21:08

muslim law

plaintiff & defendant both are following hunifi school[panth].plaintiff is deceased's doughter's doughter and she has filed reg.civil suit against defendant who is deceased's doughter for partition in deceased property[agricultural land].plaintiff's mother had died before the death of plaintiff's gradfather. whether plaintiff is entitled to get share in her deceased granfather's above property according to muslim law

shridhar   16 February 2010 at 20:34

property sharing between brothers

Sir,
14 years back my father has transferred (change of name in documents) 3 acres of land to my brother and 3 acres to me when iam minor and remaining 5 acres is in my fathers name but all property belongs to grandfather.
till date myself and brother living together, not shared property, but improvement is made only in my brothers 3 acres land .but he is not willing to share that. do i have equal rights in that propery so relpy soon.
Thanking you.