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Aravamuthan   17 July 2017

Patta transfer

Hi all,

The land document is in my grandpa's name and he was passed away in 1960. At that time, My grandpa had two sons (son1, Son 2) and three daughters. After few years, Son 1 (Elder one) also passed away. After that, Son 1's legal heirs ( Wife and two of his sons) have given the release deed ( Properly Registered) to Son 1 but without mentioning any survey number since it was not partioned at that time. Now, Can Son1 get full rights on his father's property ? 



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 7 Replies

Ms.Usha Kapoor (CEO)     18 July 2017

Since  Son 1's wife and children issued/executed a relinqueshment deed in favour of surviving/other members of the family son1 lost his rights over the property in question.

Aravamuthan   18 July 2017

Thank you for your reply :).

Now, An another doubt is that, can My granpa's daughters have rights on property if my grandpa has passwed away in 1960???

Aravamuthan   18 July 2017

Thank you for your reply :). Now, An another doubt is that, can My granpa's daughters have rights on property if my grandpa has passwed away in 1960???

Read more at: https://www.lawyersclubindia.com/forum/Patta-transfer-151867.asp

Ms.Usha Kapoor (CEO)     18 July 2017

If there was no  prior partition and if partition opens now your Grand pa's Daughters can  file suit for partition and  allotment of their share since HSA 2005 Amendment Act was passed. and its coming into force.

1 Like

P. Venu (Advocate)     18 July 2017

It appears that you have not posted the complete facts. The are simmering issues. Please disclose them.

Aravamuthan   18 July 2017

Hi sir, 

Lets have like this. Son 1 - Elder one ; Son 2 - Younger (My father),

Deed is in my granpa's name and the deed has two survey numbers(say No1 and No 2). But the patta for S.No 1 is in Son 1's name and patta for S.No 2 is in unknown person's name. My grandpa has passed away in 1960 and Son1 in 1990. After the demise of son1 , his wife along with his two childrens have given the release deed to Son1 (But without mentioning survey no's but it was registered propery at SRO). The daughters of my grandpa are also not asking for share and we are sure that no problem will arise from daughters as well as from the Son1's family side.  

Now, When I visited VAO for patta transfer, he told that ,"the patta is in different name as well as without son1's name in it. So, with the release deed given by Son1's family,  patta transfer to son2's name is not possible".  Please suggest me how to approach the issue.

 

Thanks in Advance :)

Dr J C Vashista (Advocate)     19 July 2017

Still it is a vague query with incomplete information therefore, consult a local lawyer with relevant documents.


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