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Dr.B.V.Subba Rao (associate professor)     02 September 2012

Ap govt computerised land records valid for proof ?

Dear Lawyers Namste.

                                         Myself and my brother got dispute over ancestral property. I did no know the land on ground at my village, but survey numbers. After dispute I went to my village and known with the help of my neighbours. The disputed land were two bits with two different survey numbers. Actually both bits were fell on my schedule and belongs to me as per partition deed of year 1987. MY brother differed and took my father to the registrar office and made one bit of land as gift deed in his favour in 2011. Actually I left the property to my father for his livehood. My father expired in 2012. I went to court of law for declaration. The passbook was with my brother. Hence I asked the MRO about the particulars of two survey numbers under RTI Act. Astonishly the MRO gave the reply that the survey number which fell on in favour of my brother as gift deed, was declared in my father's name and the other was my relative;s name. I thought my brother colluded with MRO. Immediately I verified AP Land Revenue Record on website.My father name was there and found both survey numbers belongs to him. Immediately I down loaded the two records from website.

                                      My question is whether the record obtained from website is valid for proof ? Can I file a petition against MRO for prividing wrong information.



Learning

 3 Replies

Anish Thakur 7018812737 (advocate)     02 September 2012

respected querist,

if you had supplied a wrong information under RTI ,you should complaint the said document /information to the rti comission. and secondly where as the concern of your land dispute,the oral partition AMONG CO SHARERS IN FAMILYIS ACCEPTABLE BY LAW AND THER ARE MANY REFRENCE CASES AND PRINCIPLES laid down by the SC,if the property is belonging to ancessotral then your father can not gift it to ypour brother ,he can only transfer his share to him if he had not reliquished his right on property in 1987 as you said there was some partition in that year.you can also challenge the gift deed on the question that what was the need of making gift deed to your brother by your father in year 2011 as he can make will in the favour of your brother but he didnt did this beacause in will the transfer of property takes place after the death of the maker and in gift immidiate transfer of title can be made. all this circumstances raising a question mark on the authenticity of gift deed ,might be this is craeted in undue influence and pressure.


i advise you to draft your case from specialist lawyer regarding the property matters and i advise you to challenge the gift deed and to raise some counter claim in the same.


MohammedRaffiq Bijapur (Advocate)     02 September 2012

Yes definitely Sir See after amendment of Indian Evidence act under Sec 65-A electronic records are admissible under law. so u can initiate legal action against MRO as prescribed under law

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     03 September 2012

Dear Subba Rao garu,

As of now the Revenue Records are not update and I think you have gone through the old pahanies, so please verify for which year the said pahani/adangal was printed out by you. If the MRO has issued a pahani/Adangal in contrary to the Pahani/Adangal shown in the computer print out then you can intimate the same to the Government for rectification.

The documents obtained through Government office only have authencity to file before courts as evidence but you can personally verify the records but they are not authenticated so far. Since, still in AP, online obtaining of documents are still pending.

 


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