Regularisation of excess land & patta rectification
Querist :
Anonymous
(Querist) 26 May 2025
This query is : Resolved
Facts
The property is ancestral agricultural land situate in Tamil Nadu, Survey No. 154/6, which was subdivided in the family partition of 1994 into:
S.No. 154/6A – allotted to me (presently in my possession)
S.No. 154/6B – allotted to my father’s brother
Extent on record v. extent in possession
Source Extent shown Remarks
Partition deed & present patta 1.20 acres Patta continues in my name for this extent
Field Measurement Book (FMB) 1.40 acres Sub-division sketch also reflects 1.40 acres
Actual physical enjoyment since 1994 1.50 acres Excess of 30 cents over patta; 10 cents over FMB
My uncle now claims that I must surrender 20 cents to him, alleging a shortfall in his sub-plot 154/6B. A joint resurvey, however, revealed that:
He previously held 20 cents excess in adjacent Survey No. 154/7 (which he sold about 15 years ago).
He nonetheless insists that, because 6A & 6B originated from the common parent survey 154/6, the “excess” in 6A must be shared with him.
I wish to (a) secure clear title to the land I have possessed openly and peacefully for over 30 years, and (b) gift the entirety of my holding—including the excess—to my wife.
Issues Requiring Expert Guidance
Title & Possession
Whether my continuous, uninterrupted possession of the additional 20–30 cents since 1994 confers a legal right (by prescription/adverse possession or otherwise) against my uncle’s belated claim.
Appropriate civil action, if any, to obtain a declaration of title and permanent injunction.
Revenue-Record Rectification
The correct procedure under the Tamil Nadu Revenue Standing Orders (esp. S.O. 31 & 15) for:
i. Demarcation and sub-division survey by the Taluk Surveyor;
ii. Mutation / patta correction to reflect the FMB extent of 1.40 acres (or the full 1.50 acres, if permissible).
Documentary and evidentiary requirements (partition deed, adangal, kist receipts, etc.) and likely timeline.
Proposed Gift Deed
Whether the excess land can be validly included in a gift deed to my wife when the current patta shows only 1.20 acres.
Consequences at the registration office and potential future objections if rectification is not completed beforehand.
Preventive Measures
Interim reliefs (status-quo orders) available to forestall any disturbance by my uncle while rectification proceedings / civil suit are pending.
Request
Kindly advise on:
The most effective legal remedy—administrative or judicial—to regularise the excess land in my favour.
Step-by-step procedure, with relevant statutory provisions / case-law, for patta/FMB correction and inclusion of the excess in the gift deed.
Any precautions to be taken during the rectification and transfer process.
Professional opinions or citations to recent High Court/Madras HC decisions on similar patta-vs-FMB discrepancies would be greatly appreciated. I am open to an online consultation; interested advocates may kindly message me separately.
Thank you in advance for your guidance.
T. Kalaiselvan, Advocate
(Expert) 27 May 2025
How was the property under the original survey number divided between both the families?
Was it by a registered partition deed?
If it was divided by a registered partition deed, then you can peruse the registered partition deed and confirm the the extent of property divided between both, check boundaries and demarcation etc and confirm what was the property allotted to you vide the registered partition deed and also you may verify the subdivided record and confirm the extent of property mentioned therein in your subdivision.
If the extent was only 1.20 acres allotted to you as your share and the patta is also revealing the same extent then the FMB has been prepare erroneously either intentionally or without any intention about it.
The physical possession of holding extra 10 cents can be considered as government land grabbed.
If you want this additional 30 cents to be declared in yor favor you may have to file a suit for declaration and direction to the tehsildar to reissue the patta with revised extent of land and also can file an application in the same suit for injunction against your uncle to restrain him from interfering in or possession and enjoyment of the property.
