Patta: Why is it necessary?

What is Patta?

Patta is basically a revenue record. It is an extract issued from the Register of Land holdings maintained, usually at the office of the Tahsildar. This is issued in the name of the person or persons in whose name the records relating to the holdings are maintained.

Patta: A legal document

Patta is an instrument showcasing possession of property. Rights to property may arise in three ways:

(i) Through voluntary act of parties – The transactions which fall within this classification are those covered by the Transfer of Property Act.

(ii) Inheritance or bequest – Laws relating to succession covers this type of rights of properties.

(iii) By orders of courts, tribunals, State action, etc.

Similarly, there are three levels of documents supporting claims to the title – title documents, approvals or other municipal records and revenue records. Depending on the nature of the property and the nature of its possession, Patta can be obtained in respect of the above mentioned three transactions.

Why is it important to have a Patta?

• The issuance of Patta signifies that you have lawful possession over the property. It is issued in the name of owner or in the case of joint holdings, in the names of the joint owners.

• If there is any problem or title conflict with the Government or any third person regarding the land, then the Patta can be given in as useful evidence.

• Even if the Government wishes to acquire land, it has to pay compensation to the Patta holder, since the Patta holder has the first right to title over that property.

• If there is any sale of the property, the Patta will be the main determinant of the ownership of the property.

What is the procedure for obtaining Patta?

• You have to apply to the Tahsildar in the form of a simple requisition to issue the Patta

• Along with it, you have to provide necessary details and documents related to the property

• The concerned officer may hold an enquiry or conduct a survey of the land/property before granting the Patta.

Is it mandatory to have a Patta for every property?

In case of vacant plots of land, Patta is a must, as it is the main document for establishing lawful possession. Even in case of properties with buildings and structures, Patta is the primary document to establish lawful possession. It also includes other vital details including the extent of holdings and the measurements of the property.

Is Patta required for apartment owners?

Patta is primarily a document relating to land and not buildings. However, the Patta may include particulars relating to the buildings. In case of apartments, the land is usually owned by the co-owners in undivided shares and Patta is not issued for undivided shares of land. However, it may be possible to get the Patta in the names of all the co-owners jointly.

In what cases are Patta transferred?

• If an owner having a Patta on his name, dies without leaving a will, the legal heirs of the deceased person are entitled to have Patta for the property in their names.

• In the case of a person leaving a Will, Patta can be transferred to the beneficiary with the consent of others who will be the immediate heirs of the deceased person.

• In case of purchase/sale of properties, it is possible to have the Patta directly in the name of a purchaser or a transferee.