POWERS, AUTHORITY & RESPONSIBILTY OF PANCHAYAT

Article 243G, provides that subject to the provisions of this constitution the

legislature of a state may, by law, endow the panchayats with such powers &

authority as may be necessary to enable them to function as an institution of self

government. Such law may contain provisions for the devolution of powers &

responsibilities upon panchayats subject to such conditions as may be specified

therein, with respect to -

(a) The preparation of plans for economic development & social justice;

(b) The implementation of schemes for social development & social justice as

may be entrusted to them including those in relation to the matters listed in

the eleventh schedule.

The normal distribution of powers under Arts 245 & 246 cannot be affected

by the state legislature while vesting with powers & authorities upon the

panchayats. Thus, Art 243G is subjected the provisions of the constitution of

India.

If you read above Art 243G (b) , than Panchayats has power to interpret the sale deed, as already 6 plots should be used for Public utility its mentioned.

Gram panchayat do have a right to interfere and question and may take necessary legal action if you people don't use the allotted space of 6 plots for public utility. Though they have no say on sale deed they may not allow you to have tax receipt or khata kandayam in the new owners name.

The 6 plots have been mentioned in sake dded for public utilities

2) the sale deed is duly stamped and registered

3) you cannot sell the said 6 plots

If any plot has been reserved as Park in the layout plan, the same cannot be sold at this juncture.

If these plots in question were approved as Park area, they cannot be used for any other purpose other than one assigned to it in the approved layout plan.

Hi, if the park area are mentioned in the sale deed of the plots that you sold , you cannot sell the area of park .. However , of no one raises objection you can sell the park area

Hello,

Yes you maybsold the same.

Gram panchayat being a third party can not raise any objections to such sale proceed, they will be treated as pirvy to the contract.

Regards

Once they sold they loose right over the property. They r doing it illegally file civil suit against them

Dear Sir,

It is a tricky issue. Since the above said eight plots not shown in approved plan then you may sale the same. The other issue cannot arise, and if arise, you can face the same in Court of Law which will take number of years to decide the issues. If you are interested you may contact me for more options.

If it is declared and released in favour of the Panchayath, you can not sell the property.

Hello,

1) If the Sale Deed you refer to is a registered document it is valid provided it meets the valid criteria for it being a legally valid transaction.

2) Therefore your your trying to sell it to someone else in connivance with beneficiaries of the previous legal transaction will be illegal and can land you in legal complications.

If the sale deed has been executed in favor of the gram panchayat, then the property cannot be sold as the same belongs to the gram panchayat and not to you anymore.

In fact these plots might have been handed over in the form of a registered gift deed in favor of gram panchayat.

Thus the gram panchayat becomes the absolute owner of the property, any move taken by you to sell these plots can be considered illegal and also punishable under criminal law besides recovery through civil laws.