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Problem in getting patta of partitioned property how to proceed
07-Aug-2023 (In Civil Law)
The district court partitioned property between our grandpa and grandma, both of them have transferred their property to their children's. Now the problem is, while traffering patta the grandpa assigned whole property to one child , whereas other one unable to do any constructions or sell because of unavailable of patta. We approached municipal office but they said the person who holding patta has to come and sign in document. But that person is not at all intrested in doing so also he trying to occupy other child's partition as well. We helpless on what to do next.
You have not given specific dates for the above mentioned facts. Dates are necessary. To have a basic understanding i given this reply.
Ans: Issuance of Patta are governed by the Patta Passbook Act., Normally the patta is issued in the name of owner or some other person who is possessing and enjoying the property. It requieres to make necessary application for mutation of patta. If it is wrongly issued or not properly mutated in the present owner name than the present owner have every right to challenge already issued patta with the title documents in his/her hand. It is not necessary that at every situation the erstwhile owner or wrong recipe be present. Whatever the case may be the present owner have right to mutate and hold the patta in his/her name.
Ans: Issuance of Patta are governed by the Patta Passbook Act., Normally the patta is issued in the name of owner or some other person who is possessing and enjoying the property. It requieres to make necessary application for mutation of patta. If it is wrongly issued or not properly mutated in the present owner name than the present owner have every right to challenge already issued patta with the title documents in his/her hand. It is not necessary that at every situation the erstwhile owner or wrong recipe be present. Whatever the case may be the present owner have right to mutate and hold the patta in his/her name.
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Adv. GP Vijay
Chennai | 200+ Answers
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You can move the High Court by way of a Writ petition under Article 226 of the Constitution of India. You can file all the documents in the type set of papers before the High Court and seek Mandamus to work out your remedy.
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