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Requirement to change name in document of a previously owned property
20-Jan-2023 (In Property Law)
We are the parents and we transferred, about six years back the title of our self earned property,7100sq.ft of vacant residential land, located in Chennai,to our only son,via registered settlement deed and subsequently transferred all relevant revenue documents, that were on OUR NAME,patta,chitta,adangal, vacant land tax,etc to my son's name and he became the absolute owner. Our son has now permanently settled in USA and was nolonger interested in that property. He came to Chennai in person and returned the very same property via registered resettlement deed back to us. We were in possession of the patta on our names from january 1992 to December 2011. My son had the patta on his name from December 2011 to November 2017. Now my query is ....do we have to go in for "Patta name transfer" from my son's name to our name or the patta we had for this very same property from 1992 to 2011... would that be enough and legal? We are trying to avoid the hassles involved in patta name transfer.
As the property has been re-settled in your names, it is better to transfer the patta also back in your names so as to reflect the ownership of property in the Revenue records. This may avoid any confusion in future about your title and ownership. You may do it when your son visits you here next time.
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Adv. Swaminathan Neelakantan
Coimbatore | 400+ Answers
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Is Patta or registration important?
Ans. The land patta plays a vital role in establishing ownership. The land patta is required for many purposes such as applying to borrow money, getting building permits and selling the property.
Can we register land in Tamil Nadu without Patta?
The Patta or parent documents can be used to register properties and lands in Tamil Nadu. Parent documents are different from Patta because the former owner of the property acquired the land with the parent document. 14 Jun 2019
Is it good to buy land without Patta?
It may be impossible to transfer or sell the land, or obtain any financing or legal protection for the property without a patta. The patta of the land you are purchasing should be valid and current. 1 Jan 2023
Is Patta mandatory?
Most pattas must be issued at the time of transferring property. Revenue officials are responsible for issuing and updating them.
There is no hassle at all. With the current settlement deed you can transfer the patta in your name. Absolutely there won't be any problem and forget about the previous years. Patta is a must only for lands and in your case there is a building, therefore you can prove with other documents that you are the owner of your residential premises. Hence the authorities has no other option but to grant patta in your name.
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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