• Assigned land in 1937

Hi purchased a land which is assigned to military personal in 1937. this was sold to someone else in 1957. when registering the land the registrar had my survey number wrong and when i requested them to change the survey number it was refered to the collector saying this as a assigned land and has been pending over 2 years. will this still be considered as assigned land since this was assigned before 1954?your inputs are verymuch appreciated.
Asked 7 years ago in Property Law
Religion: Hindu

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8 Answers

1. Please refer to the mutation certificate or revenue records of the land to know it's status.

2. If there is any ambiguity as regards it's nature then send a rti application to the department concerned.

3. With the passing of so many years the nature of property is unlikely to be assigned.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. Where is the land located?

2. Is it in cantonment area?

3. Who assigned the area to the military personal? Is it the Cantonment Board?

4. If it is in cantonment area then the Cantonment Board is required to grant permission for selling it to the State Govt./Collector.

5. More details in the matter is required for giving proper suggestion.

6. However, if there is no problem/bar as such for selling the said land with the correct Survey No., then file a declaratory suit before the local court praying for a declaration that inadvertently wrong survey no. has been mentioned in the sale deed registered in the year 1957 which is now required to be corrected and also praying for a direction upon the Registrar to make the said correction accordingly in his books and records.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

The declaratory suit is required to be filed as suggested in my earlier post since the parties of the said sale deed is no longer alive to execute and register a deed of rectification..

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 prohibits alienation of assigned lands. While Section 3 renders all categories of transfers of assigned land, as void ab initio,

2) Section 5 prohibits the registration of any document, evidencing such transfers. Any sale or transfer, in contravention of the provisions of the Act, cannot change the character of land, and the objection can be raised at any point of time. Successive transactions, which are otherwise prohibited, do not bring about any change as to the legal implications.

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1) 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
95215 Answers
7611 Consultations

5.0 on 5.0

1. When the Survey no. has been wrongly mentioned in your sale deed which you had registered in the year 2015,

then you can get a rectification deed registered rectifying the error mentioned in the said deed.

2. The assigned land was already sold in the year 1957 which was further sold to you in the year 2015 by registering a sale deed. So, when the registration of the said land has been allowed by the registrar, it is no more treated as an assigned land.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

SALE OF ASSIGNED LAND OF EX- SERVICE MEN AFTER 10 YEARS, NOT QUESTIONABLE= The lands that are assigned to Ex-servicemen, however, are treated differently. For all practical purposes, such lands are taken away from the purview of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977. The Government issued G.O.Ms.No.1117, dated 11.11.1994, directing that, after expiry of ten years from the date of assignment, the Ex-servicemen shall be entitled to alienate the land assigned to them. In case, ten years have expired from the date of assignment in favour of the vendor’s vendor of the petitioner, the respondents cannot object the alienation made by his vendor.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Who assigned the area to the military personal? Is it the Cantonment Board?This was assigned by the british govt

I think i got you confused with the date i brought. i purchased this in 2015 and .as per G.O.Ms.No.279 i heard this should not be a problem

The property assigned to military personnel after expiry of ten years from the date of assignment, the Ex-servicemen shall be entitled to alienate the land assigned to them. In case, ten years have expired from the date of assignment in favour of the vendor’s vendor of the petitioner, the respondents cannot object the alienation made by his vendor.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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