How to identify patta number?
I am having two lands 1. 431/2 with patta no:371 and for another 149/2 but i do not know the patta number. How to find it?
Our panellist, Mr. R.L.Narayanan replies: It is not clear whether you have Patta without Patta number or that you do not have Patta itself for the Survey Number mentioned by you.
If you have a Patta without Patta number, this is an omission and this can be included by the Tahsildar by reference to revenue records. You can also check whether you have got Chitta and Adangal in which documents, the Patta number will also be mentioned.
You can make a request to the Tahsildar to include the Patta number and issue a Patta accordingly, by stating the relevant facts.
No CMDA approval
I invested in November 2006 for buying a land in Padappai. It is 2 years and the developer couldn’t get the CMDA approval because there was some disturbance regarding the airport location and now the Electric Transmission line is coming there.
So the developer is offering me land in another layout adjacent to it. But the new land is not CMDA approved. It has only patta land.
If I buy patta land will there be any issue? If the Government wants the land for any purpose will I be protected?
Mr. Narayanan replies: A CMDA approved layout will be a housing site. On the other hand, a ‘Patta Land’ can be an agricultural land and for using this as a housing site, separate approval has to be obtained from the Authority concerned. I am not sure as to what your reference to ‘Patta Land’ means. If you are referring to a situation where your proposed seller has only a Patta and does not have any title document, certain measures have to be undertaken to check whether his holding is legally acceptable. Based on such verification, you may take a decision on purchase of the property. However, please note that the Government can acquire any land if it is suitable for any proposal or scheme of the Government including lands for which title documents are available. You can have a professional consultation on this aspect.
This refers to your observations on Car parking rights, as explained in the front page article of this week’s( March 21) PropertyPlus .
Explaining the legal position vis-a`-vis the allotted space as parking lots,you have stated that the common area cannot be transferred exclusively in favour of one or more persons even as a modicum of recognition in the form of a licence is provided to enable the apartment owner exercise his rights unhindered, in the use of a specified area thereat, exclusively as car parking. This implies that the cost of the parking space is absorbed in the overall price of the apartment with all its implications for the undivided interest in the common areas and facilities.
But, apparently your overview did not envisage instances where the owners could have paid exclusively for car parking, over and above the cost of the apartment proper as delineated in the sale deeds, in which case a clear right to that parking space can accrue to the owners on a legal basis. In such situations will not the need for adjustments consensus on the part of the owners, mentioned in the later portion of the article be patently obviated/ extinguished, each owner being in sole enjoyment of the right for the car parking space allotted to him/her ? M.R.Ssrinivasan, Chennai-41.
Mr. Narayanan replies: My views in the article referred did not touch on the issue pointed by you. Your observation that if a car park area is properly delineated and conveyed under a Sale Deed, then there is no need for adjustment/consensus on the part of owners is basically correct. I had based my article on certain issues, which may typically arise as relating to allotment and use of car park. There may be many situations where such issues may not arise, like the one pointed out by you. The scope of the article also was not exhaustive, but an attempt to highlight certain issues. I thank you for your feedback.
We are two brothers and one sister along with our widow mother. My father passed away few years back.
The property was named after my mother, which included two houses. One house was sold and the proceeds of that amount in addition to a personal loan in my name were invested in a house property.
Now my mother wants to settle the property so after her demise there would not be quarrels. My sister is married and well settled and does not want any rights in the property.
My mother is staying with my brother and his family in Ahmedabad and I am staying with my family in Bangalore in the house, which I said we have purchased. My mother desires to give the Ahmedabad house to my elder brother and the one in which I share the loan to me. I have an understanding that as all four people are party to the property, the will written by my mother in favour of my brother and myself is not valid and can be challenged by my sister and her in-laws in future according to Hindu law. Which is the right and cheaper way to settle the property taking into consideration the stamp duty and registration charges of Gift Deed, Release Deed, etc? (Note:My sister is willing to let go her right presently)
Mr. Narayanan replies: Your query is not clear. I am not able to understand as to what you mean by saying that the property was named after your mother. In any event, where there is consensus between the legal heirs on the transfer of one or more of the other legal heirs, it is advisable to have a registered document showing the consenting parties as transferors and the beneficiaries as the transferees. This can be done by executing a suitable document, such as, a Settlement Deed or a Release Deed, which has to be duly stamped and registered. The stamp duty and registration charges may differ from State to State.
Please take suitable advice in this regard from your lawyer.
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