Differences in Pattedar Passbook and Record of Rights
Srinivas Velidanda
(Querist) 17 February 2010
This query is : Resolved
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
adv. rajeev ( rajoo )
(Expert) 17 February 2010
First of all there is no regd., sale deed. Regd., sale deed is the valid document. On the basis of the R/R and pattedar book tittle cannot be decided.
You have said that there was partition between you and ur uncle's sons, but it is not clear in your question whether there was any partition deed drafted and vardi was given to the concerned revenue officer to enter your name to the Sy.No:428.
Further in your question you have said that property in the name of 2 son and pattedar book is in the name of 3rd son. R/R of the property is an authentic documents even thouhg tittle cannot be decided on the basis of it.
R/R of shows the name of the person who is presently the owner or in possession of he land.
When there is a mistake in the patteda column 2nd has to file an application to make necessary correction in the pattedar book.
Raj Kumar Makkad
(Expert) 17 February 2010
There is no use to abuse Revenue Officer in the given facts. You have not got registered any sale-deed on the basis of pattedar pass-book. If under partition the land has gone in favour of second son and you have taken it from second son then it is definitely requires to be corrected. Contact your cousin and set the things right.
Srinivas Velidanda
(Querist) 18 February 2010
Sorry, I think I missed the point that I got the land registered from 3rd son to whom the passbook was issued where as the same (Sy.No428/1/C) is on the name of 2nd son in ROR. I applied for mutating the land based on the registered sale deed to my name 2 years back and still it is pending and MRO recently advised to appeal to RDO as he cannot do anything in the regard. I believe MRO should have powers to correct the revenue records on calling all the people required and end the matter there. We called up our cousin, 2nd son of our uncle who gave a no objection letter to mutate the land from his name to his younger brother from whom we got registered so that the passbook need not be corrected and then the land can then be mutated to my name based on the registered sale deed.
Raj Kumar Makkad
(Expert) 22 February 2010
In case MRO is not ready to do the needful then there is no use to wait his decision and you have no other option but to file an appea before RDO.
