• Unable to transfer titles for Agriculture Land In Andhra Pradesh

Dear Sir,

We have brought land in 1991 and got registered the same now we wanted to transfer the same land to different person we have approached sub-register for transferring the titles with 1B & Adangal (online) but sub register said this particular survey numbers are government land it can not be registered, I am totally confused when it was registered on 1991 now how come they say its government or assigned land if we wanted to correct this what is the procedure and what documents is needed and how much time it is going to take can you help me with this information.
we still have the EC with our name for the said property.

Thanks for your help in advance.

Regards
Muni Kumar
Asked 6 years ago in Property Law
Religion: Hindu

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9 Answers

You need to check exactly about the same being a government land or not. Take the reply from the Registrar office in writing about your query. When you will get the exact position about the property.

Prashant Nayak
Advocate, Mumbai
31965 Answers
180 Consultations

4.1 on 5.0

1) Check all mutation records before n after your purchase date, check mutation records from 1955 and after your purchase till date, whether any GR has been oassed by government for your particular land property number.

2) Time will depends upon all government Babu's will take, they only knows gow much time they will be needed.

3) For this first you contact to Collector of your city. He is the person who will guide you whether its actually government land or any disputed.

Ganesh Kadam
Advocate, Pune
12932 Answers
255 Consultations

4.9 on 5.0

the absence of any official notification specifying certain land as that of government or as inalienable by virtue of it being assigned to poorer sections, the sub registrars cannot decline to register such property if people approach them. They cannot insist on production of NOC (no objection certificate) anymore.

2) Disposing scores of petitions that were filed complaining about the non registration of land properties by authorities, Justice C V Nagarjuna Reddy of the AP High Court specified several dos and don'ts for the sub registrars in the state. According to these directives, the registering officers shall not insist on production of NOCs as a pre condition for registration of land.

3) Further, the judgment said the registering officers shall not refuse to receive the documents for registration only on the ground that the properties were included in the prohibitory list sent by the revenue authorities, for reasons such as that the ownership column of the title deed contains dots, or that the land is government waste land in the revenue records or that the land is assigned.

4) In cases of entries containing dots or describing the land as belonging to the government, unless a notification is issued under Section 22-A(2) of the Registration Act, officials shall not refuse to receive and register the documents, Justice Nagarjuna Reddy said. The registration of such documents, however, shall be without prejudice to the right of the government and its functionaries to initiate appropriate proceedings for recovery of possession of the properties covered by such documents, if in their opinion they belong to the government.

5) 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
94800 Answers
7551 Consultations

5.0 on 5.0

Hello sir , you can file a civil suit for declaration in court ..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

1. This is a gross mistake on the part of the sub-registration Office.

2. When it is a Govt. land then how was it allowed to be registered in your favour in the year 1991 when you had purchased the said land?

3.File a Writ Petition before the High Court against the said refusal of the sub-registrar praying for a direction upon the sub-registrar to register the sal;e deed executed by you in favour of your buyer.

Krishna Kishore Ganguly
Advocate, Kolkata
27220 Answers
726 Consultations

5.0 on 5.0

First kindly take the certified copy of land record on your survey number.

Check the record prior to your purchase.

You need to verify whether the land was under any notification issued by the state government for its allotment to any poorer section for same you can ask a letter or endorsement from particular sub registrar as specifing the reason of denying the registration.

As you are bonefide purchaser and the land was registered under 1991 you can seek direction from high court, for registering the said land after obtaining the complete record.

Your you can challange such entery in your record before revenue court.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Firstly, make a representation to the concerned authority, meaning here by is that along with RTI to the government about the titile over land.

Secondly, then file a Writ of Mandamus before High Court As it is the expedient way of getting case in your favour.

Can consult for further assistance.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Sir did you verify while purchasing whether it was government land or not. Better to get all documents checked and if it is shown that it is not government land you can approach high court by filing writ petition seeking direction to sub registrar to register the sale deed executed by you in favour of purchaser.

Also see if there is any official notification declaring said land as government land.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

If you have purchased this property by a registered sale deed then you can claim full rights in it.

You may first submit an application to the revenue department for transfer of revenue records to your name.

Let him give a reply in writing refusing to accede to the request.

You can file a suit for mandatory injunction against the tehsildar for directing him to transfer the revenue records on the basis of title documents in your possession.

T Kalaiselvan
Advocate, Vellore
84999 Answers
2205 Consultations

5.0 on 5.0

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