assignment patta meaning

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Velugoti Nagula Meeravali   --> 04 June 2021

Assigning D patta

 6 Replies

Dr J C Vashista (Advocate)     --> 05 June 2021

Local laws apply to the facts posted by you.

It will be better to consult a local prudent lawyer for appreciation of facts/ documents and professional advise/ necessary proceeding

Sankaranarayanan (Advocate)     --> 05 June 2021

better to consult local lawyer will be helpful to solve the issues

G.L.N. Prasad (Retired employee.)     --> 05 June 2021

What exactly you mean by "Assignment".  Yes. D patta can be transferred legally after a prescribed period through a valid sale or gift deed.  You can file RTI Application to District Collector and can seek clarification for all the laid down norms for all types of transfers and can also get certified copies of Government orders.  First, make a google search to find out relevant information with key words "Assignment of D. Patta in Andhra Pradesh"

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     --> 05 June 2021

(2A) No assignee shall transfer any assigned house site, and no person shall acquire any assigned house site, either by purchase, gift, lease, mortgage, exchange or otherwise, till completion of the period of 20 years from the date of assignment.

Velugoti Nagula Meeravali   --> 05 June 2021

KALAISELVAN T (Advocate)     --> 06 June 2021

Any transfer or acquisition made in contravention of the provision of sub-section (1) of sub-section (2)  [or subsection (2-A)]  shall be deemed to be null and void.

For the purposes of this section, where any assigned land is in possession of a person, other than the original assignee or his legal heir, it shall be presumed, until the contrary is proved, that there is a contravention of the provisions  of law.

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RoofandFloor Blog

Realty Guide

All You Need to Know About Pattas

If there’s one consistent advice we give at RoofandFloor to property buyers, it is to get the documentation done right. Clear documents that prove your ownership over the property may seem like a drag to arrange for initially, but that temporary investment of time and energy is well worth the peace of mind it assures for years to come. One of the documents required for land purchase is a Patta.

Here’s what you need to know about it.

What is a Patta?

For the uninitiated, a Patta is a revenue record which is required to prove legal ownership over a specific plot of land . It is a document extract issued by the Registrar of Land holdings and is usually obtained from the Tahsildar’s office. It can be either an extract from a permanent land register, an extract from town survey land register or an adhoc Patta issued based on holdings as per Taluk office records.

Why do I need it?

As we mentioned earlier, it is important for its role as a proof of ownership and a permissible evidence in the court of law. It is essential in land transactions. Even when the Government requires the acquisition of land and it can help obtain fair compensation to the owner.

How do I obtain it?

It can be obtained from the Tahsildar’s office with a simple requisition for its issue. The applicant may be required to produce the following documents for support – Sale deed / Title deed after registration; Parent document; will or legal heir documentation in case of transfer; plan documents if a building is present; and tax receipts .

What if there is a discrepancy?

Minor discrepancies in Patta measurements are not uncommon. In case of major area differences between the Patta and other land documents, approach the Tahsildar’s office for issue of a fresh Patta.

Getting the Patta issued correctly in your name is your best interests. Ensure that you put in the required effort to have it done.

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Why 'Patta' is an important legal paper for land ownership

Sulekha.com explains the importance of having the legal document for land ownership called a 'patta'. it stresses on how important document proof it becomes when there are issues of land ownership..

Sulekha.com Meaning of Patta: A Patta is a legal document issued by the Government in the name of the actual owner of a particular plot of land. It can also be issued for lands having buildings or individual houses etc. constructed on them. But for these types of properties, it can be shown that the property is being continuously occupied which is not possible for any barren tract of land. In most cases, it can be obtained from the Tehsildar’s office in the concerned administrative district. If there are several owners for a single property, separate Pattas will not be issued. In such cases, there will be one Patta with the name of all the co-owners mentioned clearly. It is also important to remember that Patta will not be issued for lands having undivided shares. Also Read: Find out- Difference between lease and license agreement How to obtain a Patta? The normal procedure is to apply to the concerned Tehsildar or any appropriate administrative authority in a format prescribed by the Revenue Department. The details of the owner or owners as the case may be, must be enclosed along with the documents that pertain to the plot in question. An interview might be sought by the Tehsildar with the applicant if needed. Or if the Tehsildar is so convinced, an on-site visit is also possible. But these are generally for lands that are entangled in legal disputes. The Importance of Patta It is a very important record of ownership. Transactions involving the land in question require a Patta. It can also be used to establish the right of ownership in a court of law. Compensation from land acquired by the Government is a major problem. But it can be easily solved if the owner of the property has a Patta in her/his name. This proves, beyond doubt, ownership of the property and remuneration could be obtained without much of a hassle.    In some cases, Patta can be transferred from one person to the other. These are usually special situations where, for example, there is no Will drafted by a person before his death. In such cases, the next of kin are automatically entitled to the Patta and can apply for the transfer to their name(s). A convenient feature of Patta is the fact that it need not be renewed from time-to-time. A renewal must be done only after a transfer or a transaction has taken place with respect to the property.

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Patta granted under Board Standing Orders gives full rights

Hyderabad : Giving a solution to the age old land disputes in Andhra and Telangana, the AP High Court has ruled that a patta granted under Board Standing Orders confers absolute title over the land. A person in possession of land for 12 years or more without title can claim transfer of registry in his favour in accordance with paragraph 7 of Board Standing Orders (BSO).

While disposing of a batch writ petition seeking direction to the revenue authorities to determine title and ownership of the land, Justice C.V. Nagarjuna Reddy delivered a 131-page landmark judgement ruling that in Laoni pattas granted on collection of market value, the pattadar was entitled to sell the land without any restrictions.

Several petitioners across Telangana and Andhra regions moved the High Court after the revenue authorities denied their title based on the entries in the revenue records such as Re-Survey and Re-settlement Register (RSR) and Town Survey Land Register (TSLR).

The judge held that dots or blanks in the pattadar column does not necessarily mean that the land belongs to the government. Despite such blanks or dots, a private person can claim ownership based on entries in the revenue record prepared both prior to and after the commencement of the 1971 Act, besides registered sale transactions.

The judge declared that in the case of estate and inam lands, ryotwari pattas or occupancy rights certificates constitute title and protected tenants under the Hyderabad Tenancy and Agricultural Act 1950, having ownership certificates hold absolute title.

Referring to the disputes with regard to assignment of lands, the judge made it clear that as assignment made under the BSO, prior to June 18, 1954, in Andhra and a patta granted under Laoni rules before July 25, 1958, in Telangana confer absolute title with right to transfer the land.

He said where there was a bonafide dispute regarding title of a person in possession of the lands other than public roads, streets, bridges or the bed of the sea or the like, the government shall approach the competent civil court for declaration of its title.

The judge said that between two rival claimants relying upon the entries in revenue record, the person whose name is recorded in the basic records such as A-Register and Record of Holdings and their successors-in-interest will be considered as the rightful owners.

Latest News

Land Patta Registration is the evidence of your Land Ownership

Land is often seen as a complicated subject. The existing or new owner(s) of the land parcel(s) must know all documents that they need to have while transacting for a piece of land. Off late, we have been discussing several important aspects related to the ownership of land parcel(s). In this post, we attempt to share some more details about one such important document that has a validity related to the legal ownership of a piece of land. Yeah, we are talking about an important document called the ‘land patta’.

What is a Land Patta?

It is an important document issued by a competent authority (generally, the tehsildar) of the Government of India that includes the full name and other related details (size and type of the land) of the legal owner of the land parcel. This document is also called the ‘record of rights’ and acts as evidence of land ownership, typically in cases of encroachment of land. Having this document is very important, especially in the land deals, as the land patta specifies the name of the individual or person that is registered with the tehsildar’s office as the owner of the land parcel.

Some of the important points to note related to patta registration are:

Registration patta is a legal document, also sometimes referred to as the land deed

One-time patta registration is required with the tehsildar office

Person holding a registered government patta is also termed as pattadar

No renewal is required after registration of patta is done in a particular owner’s name

Renewal of patta can only be done when the piece of land under consideration is sold or transferred (by will, succession, or gift) to someone else

Patta is also needed when government acquires land for industrialization or development under orders of the honorable courts

Patta may generally be obtained on a nominal fee basis that may vary from state to state

Term ‘patta’ is mostly used in India and in some neighboring countries

Onus of initiating land patta registration process and getting the patta registration details updated in government records lies on the land owner and not on the government authorities or any other party

We must also understand the type of land parcels that require a government patta registration are:

Unconstructed plot(s) of land(s)

Land parcel(s) with construction

Piece of land(s) where the owner does not visit frequently

People Also Read This: Land Ownership Certificate indicates the actual Title of Ownership

How can the owner get patta bhumi registration done?

The registration process is fairly simple but may vary from one state to another. However, the general process of patta chitta registration is as follows:

The owner needs to file an application in the prescribed format with the office of the Tehsildar of his or her district.

With the advent of technology, the process of filing patta registration has also been automated. In today’s times, the owner of the land can file the application for patta registration online as well. However, it is important to note that there are only limited states, for the time being, that provides online patta registration facility to land owners.

The application form, in other words also called as patta registration form, for issuance of patta may vary from state to state and generally asks for details of the owner of the land parcel, size of land, location and type of land (residential, commercial or agricultural).

The application form may need to be submitted along with some additional documents, such as, owner’s identity proof, aadhaar card, etc. as per government norms for processing of application.

A designated officer from the office of the Tehsildar visits the land for survey and inspection on receiving the land patta registration application.

On successful completion of the inspection, the patta registration is granted to the owner of the piece of land. The inspector, however, reserves the right to reject the application as well.

The patta registration certificate can be issued in hardcopy form and may come in English as well as regional languages. It can also be issued in softcopy format, wherever the facility is available.

An important point to note here is that the same process may apply for transfer of registration of land patta to a new owner of the land parcel.

People Also Read This: Land & Property Registration: All You Need To Know

Those who read this Article also  Consulted a Lawyer about Patta Registration process.  

Irrespective of the fact whether you are an existing or a new owner of the land parcel, the patta registration certificate remains the most important legal document that acts as evidence of the land ownership. It is important for you as the land owner to get the same registered properly. Also, the new owner by virtue of sale or succession or will or gift may need to initiate the transfer process as soon as he or she gets the ownership of the piece of land. The charges of getting the patta registration registered or transferred may be applicable as per norms laid by the state government.

While so much digitization is happening in India, state governments are trying to smoothen the patta registration, patta transfer as well patta verification process for the land owners. The endeavor is to make the process more convenient, comfortable, and hassle-free.

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TN gets automated land patta system 

CHENNAI: Chief Minister MK Stalin on Wednesday launched a new software for Tamilnilam portal, a land record database, to eliminate the need for surveyors to survey land parcels for issuing pattas for subdivided land. Hitherto, physical survey is mandatory to assign new survey numbers for subdivided land parcels.  

The new software will integrate the layouts approved by the Directorate of Town & Country Planning (DTCP) and Chennai Metropolitan Development Authority (CMDA) and the portal will automatically assign a survey number for each subdivided plot.  The land titles of sub-divisions created by the software will then be transferred to the layout owner or property developer’s name.

“When a person purchases a plot in DTCP or CMDA approved layout, the title assigned to the property will be transferred to the new owner automatically. As the land registration software is also integrated with Tamilnilam portal, the title change (patta) of a property will reflect online within a few minutes after registration of the property,” said an official from the survey and settlement department.

The revenue department gets 1.5 lakh applications per year for patta transfers involving subdivision changes for plots in layouts. Online patta transfer mainly gets delayed due to shortage of surveyors. 

Following multiple complaints and court orders, the survey and settlement department last year fixed a 30-day deadline for completing land survey for patta transfers. However, lakhs of applications are still delayed for want of surveyors.

“When a plot owner applies for patta transfer every time, the surveyor had to survey the property. Now, the sub-division for the entire layout, regardless of its size, will be done by the software,” the official said. In 2021, the revenue department introduced an automatic name transfer of patta based on registration of property. As of April 5 last year, 1,59,600 pattas have been issued, show official data.  

Similarly, land segments earmarked for parks, schools, water tanks, roads and OSR in the layout will also be marked as government properties in Tamilnilam portal. “Property developers or land sharks will not be able to sell the OSR or vacant lands illegally as the title transfer option will be disabled for such properties,” said a revenue official.The Chief Minister had also launched another portal that would expedite town planning survey in the newly added areas in nine corporations and 36 municipalities across the state.

“When rural areas are merged with town panchayats, municipalities and corporations, survey numbers of rural areas and classification of properties will change. The exercise, which normally takes years to be completed due to manual process that is involved, will be expedited now because of the advanced software,” an official had added.

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Bare Acts Live

• 1. Short title, extent and commencement.
• 2. Definitions.
• 3. Prohibition of transfer of assigned lands.
• 4. Consequence of breach of provisions of section 3.
• 4A. Appeal.
• 4B. Revision.
• 5. Prohibition of Registration of Assigned lands.
• 6. Exemption.
• 7. Penalty.
• 8. Protection of action taken.
• 9. Power to make rules.
• 10. Act to over ride other laws.
• 11. Power to remove difficulties.
• 12. Repeal of Ordinance 2 of 1977.

Telangana Assigned Lands (Prohibition of Transfers) Act, 1977

(Act No. 9 of 1977)

Last Updated 9th January, 2020 [tel247]

(1) "assigned lands" means lands assigned by the Government to the landless poor persons under the rules for the time being in force, subject to the condition of non¬alienation and includes lands allotted or transferred to landless poor persons under the relevant law for the time being in force relating to land ceilings; and the word "assigned" shall be construed accordingly;

(i) the Central Government, or the State Government or any local authority;

(ii) any co-operative society registered or deemed to be registered under the [Telangana Co-operative Societies Act, 1964; (Act 7 of 1964)] . and

(iii) any bank which includes,-

(a) the Agricultural Development Bank;

(b) the Reserve Bank of India constituted under the Reserve Bank of India Act, 1934;(Central Act 2 of 1934).

(c) the State Bank of India constituted under the State Bank of India Act, 1955;(Central Act 23 of 1955).

(d) a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959; (Central Act 38 of 1959) and

(e) a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970; (Central Act 5 of 1970).

(2) "Government" means the State Government;

(3) "landless poor person" means a person who owns an extent of land not more than 1.011715 hectares (two and half acres) of wet land or 2.023430 hectares (five acres) of dry land or such other extent of land as has been or may be specified by the Government in this behalf from time to time and who has no other means of livelihood;

(4) "notification" means a notification published in the [Telangana] Gazette and the word ‘notified’ shall be construed accordingly;

(5) "prescribed" means prescribed by rules made by the Government under this Act;

(6) "transfer" means any sale, gift, exchange, mortgage with or without possession, lease or any other transaction with assigned lands, not being a testamentary disposition and includes a charge on such property or a contract relating to assigned lands in respect of such sale, gift, exchange, mortgage, lease or other transaction.

[(a) take possession of the assigned land after evicting the person in possession after such written notice as the Collector or Mandal Revenue Officer may deem reasonable and any crop or other produce raised on such land shall be liable to forfeiture and any building or other construction erected or anything deposited, thereon shall also be forfeited, if not removed by him, after such notice, as the Collector or the Mandal Revenue Officer may direct. Forfeitures under this section shall be adjudged by the Collector or Mandal Revenue Officer and any property forfeited shall be disposed of as the Collector or Mandal Revenue Officer may direct; and;]

[(b) (i) reassign the said resumed land, other than those lands/areas as may be notified by the Government from time to time in public interest and for public purpose, to the transferee who purchased the land in good faith and for valuable consideration on or before [31st December, 2017] , subject to the condition that he/she is landless poor person, and is in occupation of the land by using the said for agriculture or as house site, as on the date of taking possession by eviction:

(ii) restore the said assigned land, other than those lands/areas as may be notified by the Government from time to time in public interest and for public purpose, to the original assignee, subject to the condition that he or she is landless poor person as on the date of restoration for one time; or

(iii) assign to other eligible landless poor person:

[(c) in the area which may be notified by Government from time to time, lands resumed under clause 4 (a) above, shall be utilized for public purpose:]

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Commissionerate of Land Administration

Government of Tamil Nadu

The Commissionerate of Land Administration was formed from the erstwhile Board of Revenue in 1980 to especially to administer the land matters and to monitor various functions from the erstwhile Board of Revenue. Office of the Land Administration is one of the significant department in the Revenue Administration. It administers Government lands in the State, dealing with important subjects, such as -

• Assignment of cultivable lands and House sites
• Land Transfer from one department to other department
• Land Transfer from State Government to Central Government
• Land Alienation to State / Central Government Undertakings / Boards
• Leasing of Government lands
• Eviction of encroachments in Government lands
• Various Acts under Estates Abolition
• Patta Transfer (Appeals/Revision) & UDR Corrections
• Land Acquisition of private lands, that are required for public purpose under RFCTLARR Act.
• Cinema License ( Appeals/Revision)
• Rationalization of Minor Irrigation Statistics (R.M.I.S.)

Besides the above subjects, Land Administration department plays a pivotal role in the process of Land Acquisition related works for the development of the State. It also monitors the progress of Transfer of Registry (Patta Transfer – RTR/STR) of land ownership and exercises appellate powers under Natham Settlement Scheme and also under Updating Registry Scheme (UDR). Further, Commissionerate of Land Administration deals with subjects such as Ryotwari Settlement Acts, Evacuee Property Act, and Chatram Administration.

Developed and maintained by Tamil Nadu e-Governance Agency , for Commessionerate of Land Administration ©2021, Commissionerate of Land Administration, Government of Tamil Nadu Site map | Disclaimer | Privacy Policy | Terms of Use

The Telangana Area Land Census Rules , 1954: These rules were made under Section 97 of the Tenancy Act. Under these Rules , land census, as defined by Rule 2(f) of the Rules , was taken up by the Government. The important record i.e., Khasra Pahani is a document prepared under these Rules . Rules 8 to 13 speak of provisional Khasra Pahani and Rule 14 speaks of fair copy of Khasra Pahani. The said record is an important record and entry as pattadar in the same would confer absolute title over the land occupied. Laoni Rules issued vide Gashthi No.19 of 1347 Fasli (1937 A.D.):

These rules were framed under Section 172 of the Land Revenue Act, 1317 Fasli and dealt with grant of Laoni (assignment). There was no non-alienation clause in those grants made under the said provision. Laoni Rules 1950: These are statutory Rules framed under Section 172 of the Land Revenue Act 1317 Fasli and deal with assignment of lands. These Rules were amended by the Revised Assignment Policy vide G.O.Ms.1406, Revenue, dated 25-7-1958 and for the first time non- alienation clause was incorporated in the conditions of assignment hitherto dealt with under the Laoni Rules .

Secondly, subjects of native states i.e., Indians belonging to Princely States (such as Hyderabad, Mysore, Travancore, Gwalior, Patiala etc).

It is only in respect of lands assigned to depressed classes (Harijans) under the special conditions of grant in Special Form-D", that the non- alienation clause would operate and not to assignments made under general conditions of grant in Form-D", irrespective of whether such assignment was made to members of the depressed class/tribes or persons belonging to other communities. Such assignments made under the general conditions of grant are only subject to the condition that sale of such land (without permission of the Government) to persons other than British subjects/subjects of native Indian States, is prohibited.

As discussed else where, in Telangana Area, assignments were governed by Laoni Rules . A Board was constituted under the Hyderabad Board of Revenue Regulation 1358 Fasli. After formation of the State of Andhra Pradesh, the Government, acting under Section 122 of the States Reorganisation Act issued G.O.Ms.No.1270, Revenue, dated 3-7-1957 inter alia providing that the Board of Revenue functioning in Andhra Area immediately before 1-11-1957 is the competent authority to exercise functions under the Board of Hyderabad Revenue Regulation of 1358 Fasli. Thus, with effect from 1-11-1956, a unified Board of Revenue for the entire State came into being. Till 18-6- 1954 the assignments granted to landless poor persons did not contain any prohibition on alienation in Andhra area. In Telangana Area, such a provision was not incorporated till 25-7-1958.

Rulings on alienability of assigned lands:

A Division Bench of this Court in Letter Sent from Plot No.338 Vs. The Collector and District Magistrate , while dealing with the right of pattadar under Laoni Rules , 1950 framed the following Points:

1. Whether the land in question was assigned in the year 1960, 1961 in favour of the petitioners predecessors in title under the Telangana Area Land Revenue Act read with Laoni Rules made thereunder or whether the grant of patta is attributable to Revised Assignment Policy issued in G.O.Ms.No.1406, dt. 25-7-1958?

2. Whether the provisions of Act No.9/77 can be applicable to all types of pattas under Laoni Rules after collection of market value under Chapter V of the Telangana Area Land Revenue Act?

On Point No.2, which is relevant for the present purpose, the Division Bench at paras 36 and 52 held as under :

A combined reading of the statutory provisions and the Rules as referred to would clearly indicate that grant of pattas are of two kinds; one is by way of sale in favour of persons who desirous of taking up unoccupied land. As per Rule -III of the Revised Assignment Policy issued in G.O.Ms. No. 1406 dt. 25-7-1958 assignment of land in favour of landless poor persons who directly engage themselves in cultivation by giving preference to Harijans, Girijans, Harijan Christians. In case of granting patta for the persons who are desirous to occupy unoccupied land made a claim for such grant of patta under Laoni Rules or under Circular 14, the same shall be transferred by way of sale as per the rules referred to above. In case of occupation of land, old occupants are entitled to grant of patta under Circular No. 14, the same shall be granted either by collecting upset price equal to 16 times the land revenue to the extent of one family holding which is an out right sale. The family holding has not been defined under Telangana Area Land Revenue Act but the same has been defined under A.P. (Telangana Area) Tenancy and Agricultural Lands Act, 1950 .

Conclusion on Point No.1(a) & (b):

(i) A patta granted under BSO-27 constitutes absolute title.

(ii) An assignment made under BSO-15 prior to 18-6-1954 in Andhra Area and a patta granted under the Laoni Rules before 25-7-1958 in Telangana Area confer absolute title on the assignee with right to transfer the land. Unless the Revenue functionaries are first satisfied that the land is an assigned land within the meaning of sub-section (1) of Section 2 of Act 9 of 1977, no proceeding for cancellation of assignment can be initiated.

(iii) In case of Laoni pattas granted on collection of market value, the pattadar is entitled to sell the land without any restrictions.

(iv) In respect of estate and inam lands, ryotwari pattas/occupancy rights certificates constitute title. In case of protected tenants under the Hyderabad Tenancy and Agricultural Act 1950, the protected tenants having ownership certificates hold absolute title.