1)on one acre of granted land no third party rights can be created . check the wordings of the clause whether it prohibits giving premises on leave and licence
2) land can be confiscated by govt if there is violation of terms of grant
GPA on granted land
One of my friend's father had been granted a land of 1acre 2 years ago, and he wanted to sell this land to me as he had an urgent requirement of money, but when enquired, i found that the granted land can not be sold or bought till the completion of 15 years from the date of allotment. but somehow my friend succeeded taking the money from me by doing the sale deed for his another land which is almost 20 years old. On the sale deed, its clearly mentioned that after 15 years either he should return my money with annual interest of rupees 12%,or leave the land on which he had made sale deed by taking the remaining amount, or register that 1acre of land on my name with out any extra charges. Questions. 1. Can i get the GPA done on this newly granted land to make use of that land for cultivation or doing any type business? (as this is newly allotted land) 2. Will there be an issue if i try to get the control of that newly allotted land on my control through GPA?
Asked 8 years ago in Property Law
Religion: Hindu
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4 Answers
1. Can you please tell me, is there a way to make use of that land of 1acre for which i paid money ? it is OK even if i dont get that land on my control for next 15 years, but i need to know all the possible way by which i must get the option to recover my money by doing cultivation on that land. 2. finally If there are no clause or options available to make use of that 1acre land, at-least i want to know whether my money is safe through the sale deed which we made for his another land? how many years the sale deed is valid? what about his children who are minors today and when they grown will they create any issues on this sale deed?
Asked 8 years ago
1) children have no share in said land .
2) it is self acquired property of grantor
3) since it is registered sale deed it would be binding upon seller
4)it is necessary to peruse terms and conditions of grant to advise further
1. Can i get the GPA done on this newly granted land to make use of that land for cultivation or doing any type business? (as this is newly allotted land)
No encumbrance is permissible even it is GPA alone.
If the allotment condition is 15 years, then the GPA is also invalid.
2. Will there be an issue if i try to get the control of that newly allotted land on my control through GPA?
Yes, since the buyer is barred/prohibited in buying the land or taking control of the property in the name of GPA.
1. Can you please tell me, is there a way to make use of that land of 1acre for which i paid money ? it is OK even if i dont get that land on my control for next 15 years, but i need to know all the possible way by which i must get the option to recover my money by doing cultivation on that land.
you can take the property on lease and augment the income from the property accordingly, this will not come under the bracket
2. finally If there are no clause or options available to make use of that 1acre land, at-least i want to know whether my money is safe through the sale deed which we made for his another land? how many years the sale deed is valid? what about his children who are minors today and when they grown will they create any issues on this sale deed?
The money will be safe if the other property was sold and kept as security to this situation.