Property patta

Gnanasekaran Kasinathan (Querist) 23 February 2024 This query is : Resolved
My Father Purchased a Property from a SC person in 1983 and still the property is held by us. The Previous owner was allotted this property in 1979 to a Scheduled caste person and he has sold the property in 1981 to Another SC person from whom my father has bought the property can I get a Patta for this Property now. What should I do now since my father has passed away.

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You're asking about obtaining a property patta for land purchased by your father in 1983 from a Scheduled Caste (SC) individual. The original allotment was in 1979, with restrictions on sale for 10 years without District Collector permission. If the initial sale to the person your father bought from was invalid due to lack of permission, your father's purchase might also be invalid. Given the time elapsed, you may need to file a declaration suit in court or a suit for mandatory injunction against the tahsildar to get the patta.

kavksatyanarayana (Expert) 23 February 2024
The SC person was allotted the land in the year 1979 by the District Collector. So he cannot sell the land for at least 10 years in those days that too with the permission from the District Collector. So the sale done by him to another SC person is not valid if not obtained permission from the District Collector. So your father's sale deed is also not valid. As the issue relates to 40 years above, you may file a declaration suit in court.

T. Kalaiselvan, Advocate (Expert) 24 February 2024
Getting patta to the illegally sold property will not be possible at this stage.
However you can appraoch court with a suit for mandatory injunction against the tahsildar to furnish patta for the reasons you rely upon.

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