In the context of property ownership, there are few documents as important as the Ancestral Property Record, more popularly known as Khatiyan or Patta. They are not only legal documents but also a reflection of family heritage and lineage.
In this article, we shall venture into the world of Khatiyan/Patta, understand their significance, how to get them and why they are a must-have for anyone working with ancestral properties.
What is Khatiyan/Patta?
Khatiyan and Patta are words employed in various places to describe land records or property deeds. It is called Khatiyan in states such as Gujarat and West Bengal and Patta in Tamil Nadu. These are copies from the land records registers that the Revenue Department of the respective state governments keeps.
They have detailed data regarding the land or property, such as its background and names of earlier and current owners.
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Importance of Khatiyan/Patta
The importance of these records cannot be overemphasized:
- Ownership Confirmation: Khatiyan/Patta is evidence of ownership, which avoids conflicts and land grabbing.
- Court Procedures: They are instrumental in court litigations over property, establishing a clear legal status of the land.
- Property Transactions: They are needed to purchase or sell land so that the sale is valid and legally enforceable.
- Bank Loans: To obtain bank loans for agricultural use, Khatiyan/Patta is required as it confirms ownership and the nature of land.
Characteristics of Khatiyan/Patta
- The property must be owned by a Hindu Joint Family with at least four generations.
- The property must be undivided. If it is partitioned, then each member should have a separate and equal portion.
- If all generations are alive, the ancestral property must be divided equally.
- The rights to an ancestral property can be claimed by birth, but not after the death of their forebears.
What are the documents required to claim ancestral property in India?
- Property-related documents such as title deed and sale deed
- Relationship proof with the ancestor
- Birth and age proof
- Death certificate (original) of the demised owner
- Tax receipts of the property
- Power of Attorney
- No Objection Certificate (NOC) from other legal successors
- Mutation entries
How many generations can claim ancestral property?
People frequently raise this question about ancestral property. Consider the possibility that your father’s great-grandfather owned a property. What does this mean to you? Is it lawful to claim your stake?
An undivided ancestral home can be claimed by four male generations. In other words, if X owned a property, all four generations would be entitled to it.
Only one criteria must be met here: the property must be undivided until the fourth generation. A son receives ancestral properties at birth. Even if the son is alienated or disinherited, the claim to the property remains valid.
Ancestral property rights of women
The Hindu Succession Act of 1956 prohibited women from claiming ancestral property rights, but this changed in 2005 with an amendment to the Act and the Supreme Court’s ruling ensured that women have equal rights over ancestral property.
However, if the daughter passes on the property share to her son or daughter, the property will no longer be considered ancestral property, but will simply be inherited.
Can a son-in-law claim a right to the father-in-law’s ancestral property?
A son-in-law has no right to his father-in-law’s ancestral property. Even if he provided monetary assistance to his father-in-law for the development of the property or managed the asset, he has no ownership interest in his father-in-law’s property. This is entirely because he does not come from the same ancestry.
How to find ancestral property details?
In India, inheritance of an ‘ancestral property’ is a common phenomenon; however, the inheritor is often unable to locate the details of the property, particularly those which are located in villages or talukas. Thus, below is a step-by-step guide to locating ancestral property details-
- Log on to the concerned State’s ‘bhumi jankari’ website and click on ‘query’
- Next, select the district/taluka/village. Here, search the names of your ancestors
- If you cannot locate the name, go to the office of the Tahsildar and request for the computer record of the Village form 8-A. If you receive this form, you will be in a position to determine the total holding of your ancestors in the village
- If even then you are not able to obtain the details of the property, request Form VII-XII, VI and VIII-A. According to Section 327 of the MLR code, you can inspect these village forms. If you don’t have the survey number of the land, you have to inspect all the available forms at the Tahasildar’s office
- Once you have obtained the survey number, you can search the property history using the aid of Form VI. You can even search the property history with the survey number online from the official website of the land and registration department. After having the history in hand, you can immediately come to know about the current status of the property
- After you have mapped your ancestral property, apply to make the desired modifications in the Record of Rights (Village form VI-XII)
- Take the help of a legal expert to know the additional formalities to establish your right to the property
What constitutes ancestral property in India?
Ancestral property is one which is-
- At least four generations old
- Not divided by members in a joint family. Once the property is divided, the portion received by each coparcener after the division becomes self-acquired property
- Not inherited from the mother, grandmother, uncle or brother
- Not inherited by Will or a Gift Deed
Who can sell ancestral property?
The head of Hindu Undivided Family (HUF) in Hindu law can deal with the assets of the family, but one cannot sell an ancestral property because four generations share claim to it. To sell an undivided ancestral property, consent from each stakeholder is required.
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Ancestral property has to be divided and sold by all the coparceners, including daughters. The stakeholders may issue a legal notice to the defaulting party if their interest in the property is rejected or if the property is sold without reference to the stakeholders.
How to Get Khatiyan/Patta
These records can be obtained through a simple process, slightly different for each state:
Gujarat (Khatiyan)
Application: Apply to the Revenue Department for a certified copy of the Gujarat Records of Rights.
Documents: Submit required documents like proof of ownership and identity.
Certified Copy: Obtain a certified copy of the Khatiyan for legal use.
West Bengal (Khatiyan)
Online Application: Make an online application through the Banglarbhumi website or e-District portal for a certified copy of the West Bengal Records of Rights.
Required Documents: Submit the following documents like ration cards, voter IDs and proof of ownership.
Certified Copy: Get a certified copy from Tahsildar’s office.
Tamil Nadu (Patta)
Online Portal: Apply through the Tamil Nadu e-Services portal.
Details: Fill in district, taluk, village and survey number information.
Verification: Application is verified by the Tahsildar.
Patta Issuance: Get the Patta document after verification.
Conclusion
In conclusion, Khatiyan/Patta is not just a legal document but a key to unlocking the history and future of your ancestral property. By obtaining these records through our company, you can rest assured that your property transactions are secure and legally sound.
Don’t miss out on this opportunity to safeguard your heritage—contact ezyLegal.
Frequently Asked Questions on Ancestral Property Record
Q1. What is Khatiyan/Patta in land records?
Ans1. Khatiyan (in Gujarat, West Bengal) and Patta (in Tamil Nadu) are official land records proving ownership, lineage and legal status of a property.
Q2. Why is Khatiyan/Patta important for ancestral property?
Ans2. It confirms ownership, prevents disputes, helps in legal proceedings and is required for property transactions and bank loans.
Q3. How can I get a certified copy of Khatiyan/Patta?
Ans3. You can apply through the local Revenue Department or online portals like Banglarbhumi (West Bengal) and Tamil Nadu e-Services.
Q4. What documents are required to obtain Khatiyan/Patta?
Ans4. You need proof of ownership, identity documents (Aadhaar, voter ID) and previous land records for verification.
Q5. Can Khatiyan/Patta be used as proof of ownership in court?
Ans5. Yes, it is a legally valid document used in property disputes, inheritance claims and legal proceedings.
Q6. What is the difference between Khatiyan and Patta?
Ans6. The terms vary by state; both refer to land records, with Khatiyan used in states like Gujarat and West Bengal, while Patta is used in Tamil Nadu.
Q7. Can I apply for a Khatiyan/Patta online?
Ans7. Yes, many states offer online application services through government portals for easier access.
Q8. Is Khatiyan/Patta necessary for selling inherited property?
Ans8. Yes, it is essential to establish ownership and ensure a legally valid sale.
Q9. How long does it take to get a Khatiyan/Patta?
Ans9. The processing time varies by state but usually takes 15-30 days, depending on verification and documentation.
Q10. What should I do if my ancestral property record is missing?
Ans10. You can approach the Revenue Department or hire legal experts to retrieve old records and establish ownership.
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