Unable to sell due to one area authority issue in kerala
Hello Sir/Ma'am ,
Our property in Kerala,Cherthala Alleppey district ,has one issue..the land authorisation has been illegally named instead of real authorities. In that land only I have also land .so it's a family property ..Due to this , we are said to pay some amount to others as maintenance charge for converting from duplicate authority to real authorities
Is it legal,that other members also need to pay for others mistake
📤 Share question
🏛
Team Legistro
Official
1 week ago
Thank you for your question. From what you've described, it appears there is a dispute over the revenue records/title of a family property in Cherthala, and a demand that all family members - including you , contribute to a charge for correcting the records from the wrongly-recorded name to the rightful owners. Let me address the core of what you're asking, though a few facts will need clarifying before anything definite can be said.
On your main question — must you pay for someone else's mistake?
As a general principle, a co-owner is not automatically liable to bear costs caused solely by another person's wrongful act. However, the answer depends heavily on what this "maintenance charge" actually is and who is demanding it:
If it is an official government fee for correcting/mutating the revenue records (e.g. a mutation, resurvey correction, or pokkuvaravu charge), such statutory fees are often shared proportionally among co-owners because the correction benefits everyone's title — this is usually legitimate.
If it is a private demand by another family member or a third party who wrongly got their name entered, and they are asking co-owners to "buy back" or pay to undo their own error, that is a very different matter and you would generally not be legally bound to pay for a mistake you did not cause.
The distinction between these two is everything, and it can't be judged without seeing the actual demand.
To advise you properly, the following need to be clarified:
Who exactly is demanding the payment — a government office (Village Office/Revenue Department) or a private individual?
Is the "wrong authority" issue in the revenue records (pattayam/thandaper) or in the registered title deed? These are corrected through entirely different processes.
How did the wrong name come to be recorded — a clerical error, a fraudulent entry, or a disputed inheritance?
Practical next steps I'd suggest:
Obtain a certified copy of the current revenue records (pokkuvaravu/thandaper register) and the encumbrance certificate from the Sub-Registrar's office to see exactly whose name is recorded and how.
If the wrong entry was fraudulent or erroneous, the correct remedy is usually an application to the Village Officer/Tahsildar for correction of records, not paying a private party — and if a private party fraudulently got their name in, a civil suit for declaration of title may be needed.
Because this is family property with a title/records dispute, it is worth having a local advocate in Alappuzha review the actual documents — the records and the demand notice will make the correct course obvious, whereas it cannot be resolved on description alone.
Please do consult an advocate with the documents in hand for a definitive answer specific to your situation.
Regards
⚖️ This is general legal information, not legal advice for your specific situation. For personalised advice, consult an advocate directly.
Are you a verified advocate? Answer this question to get discovered by individuals seeking assistance.
Login to Answer