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Balaji K   10 April 2021

Joint patta, registered on single person query on ownership

Hi All,

  We are 5 brothers in patta all 5 brothers are there but in sale deed only one person is there (This was registered by my mother when we were kids). Please let me know does all the 5 people have the ownership since the name is in patta or is it only for the person whose name is in sale deed. Property location is in TamilNadu.

rgds

Balaji



Quick Summary
This discussion addresses a common property ownership query in Tamil Nadu concerning a joint Hindu family. While the patta lists five brothers, the sale deed only names one individual, registered when the brothers were children. The consensus is that despite the sale deed, if the property is part of a joint Hindu family and hasn't been formally partitioned, all five brothers likely hold ownership rights. To establish individual ownership, a formal partition suit is recommended.

 4 Replies

G.L.N. Prasad (Retired employee.)     11 April 2021

If the family is a joint Hindu family, and when the properties are divided into metes and bounds, the possession and ownership is jointly and several.  The owner mentioned in the patta is the only trustee for all undivided co-sharers.

1 Like

Balaji K   11 April 2021

Thanks a lot sir for your response. Its hindu property, btw sale deed is in one person's name so does that mean its a divided property though patta is joint and it belongs only to the person whose name is in sale deed ?.

Shashi Dhara   11 April 2021

No ,you have to divide it thru partition and register it each ones share with extent and boundaries.

Dr J C Vashista (Advocate)     12 April 2021

File a suit for declaration, partition, possession and mesne profit through a local prudent lawyer.


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