Recently I've bought a land in Public Auction conducted by Tamil Nadu Industrial Investment Corporation, Sale deed has been executed. I've applied for a Patta transfer and its been refused by Deputy thasildar, the reason they saying is that the Borrower of the property has given an objection notice to them and in that it mentioned the land is in his possession. But in real the land is not in his possession.
Also we haven't entered in to the property as well, becasue TIIC hasn't shown us the border and they haven't survey the land as well. We submitted an application in survey department and they said the patta is not in your name and they refused to survey the land. So as we are not well known of the properties border we have not entered in to the property.
We have taken this issue to the RDO for an appeal and it is still going on.
My doubt: is there any rule that if the party doesn't have possession then patta shouldn't give. If so please guide me how to over come this problem and also if there any rule please let me know the rule Act.
Thanks for your reply, I would like to know that in revenue act is there any particular law saying if the property hasn't given possession then the patta shouldn't give to the purchaser ? please advise
if u have valid sale deed in your name,with latest EC, deputy tahsilder do not have the right to deny u patta,even though he had got information from the borrower, he can deny only when HE RECEIVES COURT ORDER TO DENY PATTA FOR THIS PROPERTY, otherwise he cannot, as u said there is no court proceedings,.pls clarify do have possession or not?
Thanks for your reply,
I have a valid registered sale deed which is shown in the EC as well. However, I've received a letter from the Deputy Thasildhar saying that they have refused for patta transfer due to non possession of the property. I've gone for RDO appeal in this regards. The borrower has had a pending case with TIIC and they bought that to the RDO and says that case is pending , however TIIC has brought the property for auction. He said.
Now the case has been disposed by high court and its been favored to TIIC. But still waiting for the judgement copy.
Now, However they have making some other partition suit by using their aunt for the same property.
In real they don't have possession of the property, no one is there in the property. TIIC is having a MAHAJAR certificate which is clearly showing that Tiic has taken possession of the property which is also signed by VAO.
Is there any chance to cancel the sale by the borrower by filing any suit in the court.
Also if we go to the property, they will definitely come and make problem, what's the way to enter to the property before getting the patta transfer.