• Assigned land purchase in Telangana

Dear sir,

We want to purchase a agriculture land belongs to survey no: 41/b, narsampalli vilage, Keesara Mandal, Medchal district, Telangana. when we verify in the passbook and Phani also mentioned as assigned land so please help me, can e buy it or if we buy it, what type of problems will occur present and in future.
Asked 5 years ago in Property Law
Religion: Hindu

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8 Answers

Dear Client,

Govt. has directed district collectors to regularize such assigned land purchased by third parties from the original allottees.

But the land purchase can be used for cultivation only. If a person is in possession of the land for more than 30

years prior to commencement of the Act he acquires perfected title by adverse possession against the Govt.

and can sell the land otherwise not advisable.

Govt can take possession.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

The assigned land by government GO are earmarked for the public use so there is risk in purchase of same as same can be taken back by government in future on nominal.compensations.if the same is not.regularised.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1) 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
94733 Answers
7539 Consultations

5.0 on 5.0

Hello,

Assigned land is unutilized government land given to the landless poor for agriculture purposes. The farmers can enjoy cultivation rights on such land but do not have the right to sell or transfer it to other persons.

Therefore I would not advise you to purchase the land, any such transaction will be void ab initio.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Lands belonging to government will be assigned (given) to individuals either at no cost (free) or at nominal rates for some special reasons such as under landless poor scheme or under welfare schemes to schedule castes and tribes. The lands thus given by the government are known as assigned lands. The lands are also identified as conditional patta lands. Normally while assigning lands, govt would impose certain conditions such as that within certain period (say 5 or ten years) of assignment the lands shall not by alienated. Order of assignment amounts to sale deed. In the presence of any condition, the assignee is the absolute owner against all except the government. Even in case of any violation of assignment, only the government can initiate cancellation of assignment after due notice. so, please verify as to whether is there any condition in the order of assignment. It all depend on the terms in the order.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Hi

1) Purchase of assigned lands with in HMDA limits is NOT permitted under Telangana Assigned Lands (Prohibition of Transfers Amendment) Bill, 2018 under Land Regularisation Scheme.

2) Please note that Keesara Mandal, Medchal, comes under HMDA jurisdiction and for land regularisation, hence you will require the permission of District Collector for regularisation.

3) Please check with the Revenue officer at MRO office and Sub-Registrar office whether the assigned land is in prohibited list. If it is in prohibited list, then ask the seller to apply for Land Regularisation and you can purchase the same after the land is regularised. Please note the Seller should be Original assignee / Legal Representatives of Original Assignee.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

Dear client,

1. As per your question I can suggest you that as per assigned lands prohibition act it prohibits alienation of assigned lands. While section 3 renders categories of transfers of assigned land as void in law.

2. Even in case of any violation of assignment, only the government can initiate cancellation of assignment after due notice.

3.I can suggest you that verify with revenue officer at MRO office and Sub-Registrar office whether the assigned land is in prohibited list. If it is in prohibited list, then ask for land regularisation and the same you can purchase after regularisation.

Koushalya Pattan
Advocate, Bangalore
174 Answers

Not rated

Did you verify the title of the seller who intends to sell the property.?

If he is not having a registered title deed, then this should be an assigned property granted by government to him.

In such cases you can refer to the conditions imposed in the letter granting or allotting him the property.

You can obtain a legal opinion confirming the genuineness of the title as well as other aspects surrounding the property proposed to buy.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

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