Legal Question in Civil Rights Law in India
Is sale or patta valid?
we have purchased a land from Mr.Panalal after verifing the govt. records which show him as the landlord of that site. After six months of purchase, a trust or sri ram shankar gowsala has filed a suite on Panalal & his son's, Panalal brother & son's & on us, saying that we have illegaly acquired the land, it belongs to them. In evidence the trust has a patta issued by Thakur in 1949, that it was sold by him to the trust for Rs.350/. however the patta doesn't have the signature of Mr.Panalal or his father & their names appears in govt records since 1946 to till date as lanlord of that land.Is that sale is legal as per govt rules or is that patta valid.Note: the physical possession of land is with Mr.Panalal & his brother & son's.Mr.Panalal is no more.
2 Answers from Attorneys
Re: Is sale or patta valid?
As per law patta land should be given by government from any of its waste lands to the poor people.I think the papers submitted by the trust must have been fabricated and you have to rely on the encumberance certificate issued by the sub-registrar.If the encumberance is that of Pannalal and the sale deed of yours is registered then you are almost out of the case.
Re: Is sale or patta valid?
The matter may be contentious. You may try to settle the dispute to avoid litigation. If they have a patta in their name, a suit against you can be filed on that basis challenging the sale.
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