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Which one is valid patta or registration deed?
Source : The Hindu Property Plus Published On : 2009-03-21 City : Chennai

I have a question related to Patta. (i) If the title documents (Registration deed/document) shows lesser sq.ft area of the plot and the Patta shows more, which one is valid amongst these two?

(ii) In case, if the person possessing the plot constructed based on the Patta measurements (which is more than what is registered in the Title deed/document) and later on it turns out that the entry on Plot measurement in Patta is wrong, who would be accountable for this – the Government Department that issued the Patta or the owner of the plot? I have a plot whose back side length is given as 19 feet 6 inches i.e. 6 meters in the Registration/Title Deed whereas the Patta mentions it as 9 meters. Rajanrajan

Mr. Narayanan replies: This is not a difficult situation as the property can be actually measured and the exact dimensions found out.

Patta is a document, which evidences your lawful possession of the property.

Generally, the lower extent whether in the document or in the Patta is taken for consideration as actual extent, but records are maintained on the basis of higher extent. The Government cannot be held responsible for minor discrepancies.

Further, Patta is issued on the basis of Government records and a survey made by the Official Surveyor and this is to be taken as correct, unless proved otherwise.

Where can we complain?

We live in an apartment comprising 31 flats.

An executive committee decided that the maintenance should be increased from Rs.750 to Rs 1250 effective June 2006 and we pay it regularly.

Now the present committee, elected without any quorum in April 2008 and whose term ends by March 31 and which added two members recently, wants to collect Rs.30000 for the same heads, which is equivalent to two years’ maintenance.

The decision was not taken in a GB and our several letters were unanswered. Where can we represent our case? We are not called for the meetings. Can we complain to the Registrar of Societies and the bank in view of the fact that the committee is unconstitutional?

We are already burdened by the enormous increase in the maintenance. Also a huge amount by way of water and property tax is pending right from day one.

T.Gowrishankar

Mr. Narayanan replies: You have not stated whether the association is registered or otherwise. It is best that you initiate suitable legal proceedings for obtaining relief in this regard.

This can be done at the earliest as you can also obtain orders for smooth functioning of the Association, pending disposal of the suit.

Not for approvals

I have purchased a ground at north Chennai (Korattur) of freehold property, which doesn’t contain the patta on 1999. I am planning to build a house now for my use.

Can I build the house without patta? Suppose patta is absolutely necessary, what is the procedure for getting patta? Whom I have to approach? B.Sureshkumar, Chennai –41

Mr. Narayanan replies: A Patta is not abso0lutely necessary for obtaining the approvals. If required, the same can always be obtained. If the measurements and dimensions and admeasurements are clear in the title document, then the municipal authority can consider the same.

 
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