In this blog post, Pravesh Naveriya, from RDVV – Jabalpur discusses the concept of “Patta” and “Patta Land”.
As the population of the world is continuously increasing and people are migrating from their towns and villages to cities in search of a better lifestyle and living standards, the cities need to be prepared for the challenge. The rate at which the migration and population are increasing is alarming, but at the same time, it is an opportunity to earn money. This phenomenon is causing real estate prices across the world to rise.
As more and more people are coming, more and more houses are needed to accommodate them. For this reason, people are buying properties to keep it as an asset and sell it when the rates are high. This fact also attracts the frauds and the mischiefs. They take possession of any vacant property and then claim that property to be theirs. For this reason, the buyers, as well as the sellers, need to make sure that the property which they are buying is free from all this junk. This problem is solved by “Patta”.
What is a Patta?
A Patta is a crucial document which tells about the ownership of a particular property. It indicates about the person who has the rights to the property. For this reason, it is also known as “Record Of Rights (ROR)”. The person who has his name registered in the Patta is considered to be the owner to be that property.
- Patta is a legal document which has been issued by the appropriate government
- Patta establishes the ownership of a person over a particular piece of land
- The name on a Patta Land is a sufficient document to prove that the land belongs to the named person and that the owner of that property.
What type of properties need Patta?
Although all the properties can be registered under Patta Land, the properties which are not visited quite frequently by the owner must be compulsorily registered.
- The plots which are left out without any construction needs the Patta document the most.
- The buildings or any other property on which construction has been done can also get a Patta land registration.
- The question of ownership can be answered by possession or any other document proving that the property is in possession for a long time, but that is not the case with unconstructed plots.
How to get your name registered under Patta Land?
- A Patta is registered by the Tehsildar of that particular area.
- To get your name registered under the Patta, you have to make an application to the Tehsildar, requesting him to get your name registered.
- He could after examining the application either accept the application or will reject it.
- He could either ask you to show the property and would investigate the property by himself or may ask you to provide certain documents which could prove that the new owner of that property is you and then match those with the ones which are available in the revenue office and then change it.
The prescribed procedure hardly happens. The Tehsildar rarely makes any attempt to make your name registered. Instead, you have to make an effort yourself to repeatedly ask him to do your work. He may also ask to survey the property to ensure its ownership, and it is your responsibility to make him do so if he has asked for it.
Transfer of Patta
A Patta shall be transferred as soon as the property is sold. The proceedings for the transfer to Patta do take time that is why it is necessary that the procedure shall start as quickly as possible.
- The process for transferring of Patta is the same as that of registering a Patta Land.
- The person who has bought the land must make an application to the Tehsildar regarding the transfer of name in the Patta.
- The Tehsildar may either reject or may accept the application after examination of the property and the documents which have been submitted by the appellant.
- The transfer of a Patta of a person who has died either leaving a will or not leaving a will, the Patta needs to be transferred as soon as possible.
- The legal heirs, if any, shall approach the Tehsildar with the documents proving to be his legal heirs and make an application for the transfer of Patta Land.
- If the person has left a will then the ones who are allotted that property under the will shall approach the Tehsildar as soon as possible to get their name registered under Patta Land, providing him with the copy of the original will and identity proof that you are the beneficiary who has been allotted the property by the testator.
Important points regarding Patta
- A Patta is one of the best proofs of ownership of a particular property. If any person has a Patta Land registered under his name, then he is the legal owner of that particular land.
- For the evidence of ownership in a vacant land, the Patta is the most important document. As for a vacant land or plot, there is no other document which can prove the possession of that land.
- The buyer or the beneficiary himself has to make a move and approach the Tehsildar Office and shall not wait for the revenue department or the Tehsildar to contact him.
- There are individual states which have started online Patta registration. Karnataka was the first state to start online Patta registration.
- The State Governments are trying to make the process easy and convenient for the buyers so that they are not supposed to rush to the Tehsildar to get their name registered under Patta Land.
- The charges which the buyer or the beneficiary has to pay for the transfer of Patta Land is different in different states. The State Governments have the power to regulate those charges.
The Patta of a particular property is the most important document to prove the ownership of a person over a particular property. The name which is registered under the Patta of a particular property is considered to be the owner of that property. The State Governments are trying their best to make this hectic procedure of applying and getting your name registered under Patta as comfortable and convenient as possible for the applicants.
LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. You can click on this link and join: