Conditional patta land purchased- Advice needed urgently
Chatchithanantham Deivasigaman
(Querist) 12 March 2010
This query is : Resolved
Dear Sir,
We purchased a conditional patta agricultural land from a owner in 1998 who bought it from the original owner on whose name the conditional patta was issued. The conditional patta was issued in 1961. The land was bought from the original owner on 1980 we bought the land from him in 1998 in my mothers name and from 1998 onwards we are paying the required taxes properly up to date.
My owner bought the land from the original owner in 1980, on whose name the conditional patta was issued. But it was not registered. Later when my father bought the land from my owner in 1998, it was registered on my mother’s name. The Chitta and RSR copy are in my mother’s name now.
My neighbors encroached a portion of my land in the past few years. So we gave a complaint to the district authorities to remove the encroachments.
After investigating the issue, now the authorities saying that we have no rights to purchase a conditional patta land and the land is still in the name of the original owner and asking us to give proper explanation.
One of the conditions mentioned in the patta is that the land cannot be sold for the next 10 years from when the Conditional patta was issued. (As per the condition, it can be sold only after 1971) if at all it can be sold after 10 years, it can be sold only to a scheduled caste person. (My previous owner and my self both belongs to scheduled caste)
Now following are my doubts/queries:
1. The revenue department is saying that the land is still in the Original owners name to whom the conditional patta was issued. But we made the registration in 1998 on my mother’s name. How it is possible?
2. If at all we bought the land wrongly, the Registration department should have highlighted it when we registered and the Revenue department should have highlighted it when we changed the RSR, and Chitta in to my mother’s name and should have objected us when we paid the taxes every year after 1998 in my mother’s name.
3. Now how should we proceed the matter to save the land and to remove the encroachment?
Kindly guide us.
adv. rajeev ( rajoo )
(Expert) 12 March 2010
When it is conditional land the original owner could have applied for the assistant commissioner to convert old tenure into new tenure,but which hasn't been done by the original onwer.
Now it is more than 10 years now also owner can apply for deletion of the old tenure. If your neightours have encroached your property then file a suit for mandatory injunction.
niranjan
(Expert) 12 March 2010
I agree with Mr. Rajeev that you instead of going to revenue deptt., you should file the suit. encroachment and mutation are two different subjects with different jurisdiction.so proceed accordingly.
