Protected tenant telangana act


Hello,

I bought land in the year 2002 -2003 since then under my position, fenced, planted Mango trees and harvesting started since last year. We have all patta pass books and every year pahanies. This year when we approach to get pahanie the VAO refused to give us since succession took place by protected tenant. We are surprised without notification they gave succession. We see the details of case, initially Joint collector denied (we don’t have this report) and remanded back to RDO where RDO gave 38E certificate and MRO mutated in the records based on the legal heirs. The person who was PT (Protected Tenant) died 45 years back without sons no issues. After that no one was in the records since 45 years. Recently two guys claimed that they are deceased person daughters’ sons and claimed that they are legal heirs. We bought land from pattedars who were in position last 20 years. The pattedars bought from Original pattedar. Since then no one claimed as PT in the records. RDO provided 38E based on legal heirs but the deceased person never married as per people of the village but diseased person had extra marital relationship with married woman. We are trying to get the facts of their legality of heirs of deceased person. My questions are;

1. If they are claiming legal heirs, can they be PT though they are not on the records so many years?

2. Can daughter sons are legal heirs as per Hindu law?

3. I don’t think he wrote any will but if they have will they should be in the records. If they show will now, can that be valid?

 

I'd appreciate if you respond to my questions.

Thanks for your time effort.

-Aravind

 
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financial

 

Sir,

You did not mention which location in Telangana. What is the extent of land and what is the possible present price.

Presuming that it is nearby Hyderabad, there is every possibility that manipulations are rampant to grab the lands in many ways. The funny thing is that you did not mention from whom you had bought from. It looks like that you might have bought the land from an illegal person ( the regular cheaters) who may not have a right to sell the land. Usually when the issue is gone upto Joint collector means, the authorities may have felt that there is some justification and definitie locus standii to change to the other party. It is an issue that who is the most rightful owner to sell or hold before the sale took place to you and after also. The authorities may have felt that your seller was a cheater, therefore they have given the ownership to a lesser legal claimant than to a cheater who has sold the land to you.

You have specifically mentioned that the legal tenant died 45 years ago and was not married at all. When you know these many details, how did you buy this land in the first place. You have completely concealed the vital fact that whom you did buy this from. I presume that you definitely know all these facts and yet created some sale document in your favour and occupied some vacant land. 

Yet knowing all these, and also hiding so much of vital information from your side as mentioned above, still you want to raise this kind of a foolish issue in this forum and expect to receive some free consultation from every one. I am sure that you mave consulted many advocates and might not have received any positive opinion.

Please note that the old saying that " you can fool some people for some time but not all the people all the time". May be the one who got it changed the property in his name is not a fool in first place and  secondly he is wiser than you are in the land grabbing cases of Hyderbad. It appears that he is a better land grabber than you are.

I guess that sooner or later he will get a court injuction to take possession.

Bad luck to you.

G.S.REDDY

Hyderabad

098 489 489 01


Total likes : 1 times

 
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Dear Reddy,

My apologies..I didn't provide much details of the case in the sense that I wouldn't like to disclose on public forums. I can understand the way you took it. I appreciate for your response. Might be even I would react in the same way since people look for free advices. Sorry for misunderstanding. 

I bought the land from Pattedars and having pass books and verified records. All previous pattedars are legal. We have all previous pattedar's passbooks but frankly speaking we are unaware of Tenants. We never verified 1950-51 records. I came to know just after RDO passed the orders. Initially Joint collector denied PT's appeal. We are trying to get why Joint collector denied (Atleast we have something positive) PT's appeal and why RDO passed orders in their favor.

As I mentioned that PT died 45 years back. This is also based on the orders of RDO copy. We know nothing about these people but I am collecting from the RDO order. Recently we approached to our lawyer and he responded very positive. The problem is when passing orders no one served notices to me. We have no idea at all. We have mutated in the ROR and got passbooks in the year 2003. Since then we never had any issues. We discussed with local people (neighbor land holders) after we came to know this is tenant land. All they said he never married but had extra marital relationship with widow. This is what I came to know 15 days ago. I am just in shock of knowing all about these things. I wouldn't surprise your comments about me because the government fooling its own people by collecting money for registration and mutating records in the ROR, issuing passbooks. I hope you understand about my feelings.

Again, I really appreciate your time for your response.

 
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Advocate/Attorney

To my knowledge, though the PT had died 45 years before, their legal heirs can claim even now.  Your name has been entered in the revenue records in the year 2003.  To get adverse possession you need 12 years, i.e. by 2015 you will get adverse possession.  As the legal heirs claimed their right, the chance of claiming your rights upon adverse possession has gone.  Over all your case is weak.  Try to compromise.  

As these type of revenue matters are very complicated, my advise is to appoint an experienced lawyer preferably of the local area who has full idea about revenue matters.  otherwise you will lose the case.  

 
Reply   
 
Director

Respectfully disagree with Mr. Ravindar.  In order to claim adverse possession, the 12 years can also include the previous owner (should not be the one you are trying to extinguish the rights off). If you have more than 20 years of peaceful possession between multiple owners, you can make a case. Engage a skillful advocate...  you will need receipts, documents to show peaceful, un-interrupted and open possession for 12 years.. good luck

 
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