Response

Patta is a legal document which is essential for claiming ownership of a property. A person whose name appears on the patta is considered the legal owner of the property. In this case, the party’s grandfather’s name is registered in the patta hence he will considered the owner of that property. For selling a land, the party needs to execute a sale deed.

Applying Transfer of Property Act, 1882 to the given case. Section 54 of the Act states- ÒSaleÓ defined.
“Sale” is defined as a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised.
Sale how made.– If the property which has to be transferred which is of more than one hundred ruppees, the transfer of such property will be done by an instrument which is required to registered.
In the case of tangible immoveable property of a value less than one hundred rupees, such transfer may be made either by a registered instrument or by delivery of the property.
Delivery of tangible immoveable property is to be take place when the seller places the buyer, or such person as he directs, in possession of the property.

Also, according to provision stated under section 17 of the Registration Act, 1908, it is necessary to register a sale deed.

The parties to the sale i.e. buyer and the seller can make a contract for sale of such property and decide the terms related to the sale.

Reference:

202100242021004211686

LAWAYZ-2023-406