Mony Balaji (Engineer ) 17 May 2021

Patta regarding

Hello Law Experts,

Could you please support me for the below query?

Ancestor Property is partitioned by 4 divisions like A,B,C and D and the same is registered also for 4 members. but the Partition D is sold to other third party and further it is sold to another party, which is learned based on the Encumbrance certificate. and currently we have no communication with the partition owner of D and moreover we are not sure who is owning it now and their contact information also.

now we are trying to register the PATTA for the partition A,B and C. In this case, whether is it our responsibility (A,B,C members) to find the D partition owner also during the PATTA registration process? the question i raised because the same was informed me by the taluk office. but i do no think so, it is our responsibility to find the D partition owner.

Please clarify for this use case. Thanks.

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6 Replies

Bharat Gudla 17 May 2021

if the partitions A, B, C and D are identified (area wise and situation wise identification of 4 plots) and registered under 4 members...
there is no responsibility to find D partition owner...
but if the land is not identified as above mentioned, there might be a need to find Partition D owner.
in either cases, if it could be proved that the Non present partition owner is untraceable even with reasonable efforts to find, there could be a chance of allowing patta registration even without finding him..

1 Like

Rajesh Agarwal 17 May 2021

Not necessary to find out the present owners of D Schedule property. The patta can be recirdedin the name of only the applicant's who prays for mutation their names in the Patta.

1 Like

Sankaranarayanan (Advocate) 17 May 2021

with the support application you submit your partition document is enough for change the revenue records

1 Like

Mony Balaji (Engineer ) 17 May 2021

Thank you for the feedback sir..

A,B,C and D are a combined plot initially, before the partition deed registration, but after the partition registration, D was sold to third party by the D owner, whereas the owners of A,B, and C are still living in the plot. we are looking for the PATTA only for A,B, and C.