Ancestral property - land of 2000 square feet

Querist : Anonymous (Querist) 07 September 2011 This query is : Resolved
I reside in a small village in Chhattisgarh State. My uncle (elder brother of my father) and my father were using ancestral property of 2000 square feet for growing vegetables located nearby my village.My uncle died in the year 1996. Recently, I came to know that "PATTA" had been issued which bears the name of my Uncle for the ancestral property (land 2000 sq.feet). I was shocked to hear this. Should I contact the Patwari or file a suit in the Court for claiming the ancestral property ? Please provide me valuable information regarding this matter.

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Raj Kumar Makkad (Expert) 08 September 2011
You have not mentioned whether your father is alive or not?

Anyway, Ii presume he is no more. I advise you to first contact Patwari and apprise him true picture and seek correction in record, if it is just on his part failing which file a petition with collector seeking entry of proper mutation in patta.

Querist : Anonymous (Querist) 08 September 2011
My father is alive.

Shashikant V. Patil (Expert) 08 September 2011
You have to collect the old land record wherein your grandfather's name is there. After your grandfather's death, there being a two legal heirs (i.e your father and your uncle)names shall be mutated. Hence you apply to Senior Divisional Officer to enter your father's name in the said property record. You have to procure death certificate of your grandfather and obtain the legal heir certificate from civil court or deposed on a affidavit before Executive Magistrate in r/o details of heirs of your grandfather (the deposition will be made by your father.). After this give Order of court or above said documents to Patwari for taking legal mutation in the land record.