1) the agreement entered into by you with third party is binding upon you
2)third party has to take legal proceedings to restrain GDA from taking over your land
Regarding registered agreement for disputed land
Hi, The State Government issued notification dated 16.08.1988 under Section 4 of Act, 1894 applying urgency provisions and issued declaration dated 22.02.1989 under Section 6 of Act, 1894. The Special Land Acquisition Officer passed award dated 30.07.1991 under Section 11 of Act, 1894 in respect of the land notified on 16.08.1988. And we have filled writ petition against State Government for stay in Aug- 1989 and the writ petition was disposed on 2000. And till date we have not get any compensation for related lands and we have physical possession almost half area which was acquired. But we are fight with authority by court till date. My question: - In khasra khatauni our name was dismissed and put the name of related authority (GDA) till date. We have made a registered agreement with third party like “third party will release our land from government or GDA (by Shasan or by court) and we will give some part of the land to third party”. The registered agreement was made by our grandfather name who was expired in 2013. But till date there is no progress. Now we want to fill writ petition for disputed land itself. So please tell me that agreement is valid or not if it is valid then we can destroyed it by law. OR we are liable to sell this land without transfer the land in our name. Thanks
Asked 7 years ago in Property Law
Religion: Hindu
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4 Answers
My question: - In khasra khatauni our name was dismissed and put the name of related authority (GDA) till date. We have made a registered agreement with third party like “third party will release our land from government or GDA (by Shasan or by court) and we will give some part of the land to third party”. The registered agreement was made by our grandfather name who was expired in 2013. But till date there is no progress. Now we want to fill writ petition for disputed land itself.
The agreement made by your father with a third person is not maintainable legally, this has nothing to do with the land acquired by the government.
So please tell me that agreement is valid or not if it is valid then we can destroyed it by law.
The so called agreement is not valid and not maintainable in law.
OR we are liable to sell this land without transfer the land in our name.
You canot sell the property which is not yours or in which you do not have marketable title.
You have to follow up the compensation case through governmental agencies or through court.
The registered agreement was made on 2012 and till date there in no progress so we want to destroy this agreement and want to fill our case itself. I have heard that an agreement is valid for only three years is right or not. If we will win the case by court as our disputed land comes under 24(2) act of new land acquisition act 2013 then according to registered agreement third party has right to take the some part of land or not because the registered agreement has no destroy date. So please tell me this agreement is valid or not if it is valid then how we will destroy this agreement by law. Thanks
Asked 7 years ago
1) it is necessary to peruse the regsitered agreement entered by you to advice
2) you can on this website opt for legal service review of documents
3) get agreement vetted by lawyer
4)if agreement has no expiry date agreement would be binding upon you
5) third party would be entitled to claim benfits as per the agreement
Any registered agreement is generally valid only for three years from the date f its execution.
If ther is any specific mention about extending the agreement for a further specific period, an endorsement to that effect has to be made in with witnesses or else i canot be termed as valid.
The land acquisition case is different to that of this agreement. If he has entered into an agreement to conduct the case for you and shall stake his claim after winning the case then that agreement is valid till the purpose is solved. However there cannot be a case filed on your behalf by third person without any authorisation by you to conduct the case on your behalf.
You must analyse all the facts before jumping into any conclusion.