I want to buy a plot of land of 20 khatta in Assam. The land is of "Misfe Kheraj" patta. Can this type of land patta can be purchased ? Whether I can avail housing loan on this type of land giving it as mortgage ? I hope you can answer my query?
This is specaltype of proeprty whrein the pattadar s not the absolute titile holder of the proeprty.
hence it is advisable to covert the proeprtty in freehold proprty first and then going for purchase it.
Show the title papers to a local lawyer for better opinion.
You can enquire about it at the registrar office
Only local lawyer can guide you as to whether you can purchase said land or not
Today I went to the Revenue office where in the one land Mandal informed me that this type of Misfe kheraj patta land cannot be purchased whereas the other land Mandal said it can be purchased. Land can be registered according to one mandal. I have seen the jamabandi copy wherein the seller name is mentioned along with 24 other people. He has paid land tax every year. He has earlier purchased from the previous owner. But today what Revenue circle officer informed me that the permission or sale is closed and the land cannot be purchased. Should i wait for land sale permission for some months or close the land purchase deal with the owner?
As i advised you earlier it is not wise to go for purchase this type of encumbered land.
Don't purchase land if land cannot be transferred in your name
Never take risk with your hard earned money
It is up to you ... I suggest you to make a deAl when it can be registered through sale deed
For this you must consult a local lawyer as local laws are involved.
You should wait for the land sale permission.
regards
The owner cannot claim title to this type of land as it is not converted, it is not even on his name, he is just a settlement holder with annual patta without any demarcation.
You may first ask him to get the property converted to free hold on his name and then take a legal opinion from a local lawyer for further issues.
But today what Revenue circle officer informed me that the permission or sale is closed and the land cannot be purchased.
Should i wait for land sale permission for some months or close the land purchase deal with the owner?
Since there is no sale registered sale transaction in this type of property, any proposal to purchase the same without execution of a sale deed may land you in trouble.
The vendor himself may not have marketable title hence exercise caution.