• Pending registration of assigned land from 28/07/2015

I have purchased house site at vijayawada and registered the same on 28.07.2015.but my registration was pending for want of no objection certificate from revenue authorities as the site was in assigned list in 1931.
the seller purchased the same in 1999 and paying vacant land taxes up to 31.03.2016. we have all link document from 1955 and no dispute with any of the
persons. survey number not shown as assigned in govt.web portal.but mro not willing to issue no objection certificate. and he has refer the case to collectors office in this month only.
 i have invested my lifetime savings in this venture to construct house to avail housing loan was provided by my employer.

kindly inform your legal advice to enable to complete my registration process. as per internet i have confirmed thatif land assigned prior to 1954 WAS TREATED AS PATTA LAND NOC NOT REQUIRED FOR REGISTRATION.
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

In the absence of any official notification specifying certain land as that of government or as inalienable by virtue of it being assigned to poorer sections, the sub registrars cannot decline to register such property if people approach them. They cannot insist on production of NOC (no objection certificate) anymore.

2) Disposing scores of petitions that were filed complaining about the non registration of land properties by authorities, Justice C V Nagarjuna Reddy of the AP High Court specified several dos and don'ts for the sub registrars in the state. According to these directives, the registering officers shall not insist on production of NOCs as a pre condition for registration of land.

3) Further, the judgment said the registering officers shall not refuse to receive the documents for registration only on the ground that the properties were included in the prohibitory list sent by the revenue authorities, for reasons such as that the ownership column of the title deed contains dots, or that the land is government waste land in the revenue records or that the land is assigned.

4) In cases of entries containing dots or describing the land as belonging to the government, unless a notification is issued under Section 22-A(2) of the Registration Act, officials shall not refuse to receive and register the documents, Justice Nagarjuna Reddy said. The registration of such documents, however, shall be without prejudice to the right of the government and its functionaries to initiate appropriate proceedings for recovery of possession of the properties covered by such documents, if in their opinion they belong to the government.

5) As far as assigned land is concerned, if there is a clear proof to the effect that such assignments were made prior to the issuance of GO 1142, dated 18-6-1954 in the Andhra area and GO 1406 dated 25-7-1958 in the Telangana area, the registering officials shall receive and register the documents, notwithstanding the fact that the properties were included in the prohibitory lists sent by the revenue authorities. In respect of the documents involving properties assigned subsequent to the issuance of the above mentioned G.Os., in view of the embargo contained in Section 5(2) of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, the registering officers shall make an endorsement while refusing to receive the document specifying the reason. If the parties feel aggrieved by such orders, they are entitled to avail appropriate remedy as available in law, the judge said.

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1) NOC is not required of revenue authorities

2) you can file writ petition in HC to direct registration of said documents

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Sens RTI application to the revenue authority seeking status of land.

2 Once it confirms the status or inform that no noc is required you can furnish this information to the registrar to complete the registration process.

3. If in spite of this registration is refused then file writing petition in high court.

Then

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

As per Municipal administration laws of AP, lands assigned to beneficiaries prior to 1954 will be treated as patta lands and due compensation paid under the Land Pooling Scheme (LPS). The people given land after 1977 would be treated as conditional assignees and their lands could be purchased and sold but not the holdings of conditional assignees who were allotted before that year.

The AP government announced packages to the people who were possessing assignments made to ex-servicemen, political sufferers and freedom fighters. There are allegations that the politicians and affluent people purchased vast stretches of lands from these beneficiaries.

In your case you may have to wait for the NOC to be procured by the MRO through collector.

You can make a representation to collector if you find any inordinate delay in getting NOC

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

have sent the above draft published by earlier to the registrar .but he wants NOC from Revenue authorities for completing registration. Please confirmed that if land assigned prior to 1954 WAS TREATED AS PATTA LAND NOC NOT REQUIRED FOR REGISTRATION and even through the registrar refuses to register the same, what course of action required by me ?

The refusal by the registrar can be obtained in writing after which you can file suit for declaration and permanent injunction against the revenue officer/Tahsildar. seeking he desired relief through court of law.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Dear Sir..

There is mistake of government department ..that the land is not mention in the records...you can file the matter in the court against the revenue department....in the court of law ...

Regards

Mob-No-[deleted]

Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

4.4 on 5.0

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