We bought a plot in Kumbakonam 32 years ago, and got approval for construction on the land from the Kumbakonam Municipal Corporation. For some reason or the other, we did not construct any structure. We have been paying land tax regularly. We have our name in adangaland subsequently our buyer’s name too. We sold the land in 2016. It seems the land was meant for public use initially and my seller, by exchanging some other land for public use, got this land free from public use. The document evidencing this seems to be known as ‘parivartanaidocument’. The Kumbakonam Municipal Corporation is not parting with a copy of this document. They say they do not have any documents with them nor are they willing to give permission to construct on this land under the pretext that the land is for public use only. We have got a reply under the Right to Information Act that says there is no gift deed of this land to the Kumbakonam Municipal Corporation and there is no press release saying that this land belongs to the Kumbakonam Municipal Corporation. Kindly advise as to how my buyer can get the civic body’s permission for construction on this land.
V. Ramasubramanian, Chennai
The ‘A’ register entries and issuance of patta in the names of previous owners will disclose the nature and use of the land. The encumbrance certificate for the relevant period will indicate whether any exchange deed, as mentioned in your query, was registered. If no such exchange was done, one has to proceed based on the present classification of land in the government records. However, if the exchange was done, your buyer has to approach a competent court for declaration of title and other reliefs relating to grant of building plan.
Send in your questions to propertyplus@thehindu.co.in. All questions must have a full name and address. The replies here are general and readers are requested to seek independent legal advice. The Hindu or RANK will not be responsible for consequences of actions taken by the readers pursuant to this column.
