It is necessary to peruse order passed by the commissioner to advice
2) there must be clause that if payment not made within stipulated period the allotment would stand cancelled
Property under possession by Endowment in Karna
Hello Sir /Madam, Four cents of land was granted to us by the then commissioner of Hindu religious and charitable endowment Karnataka under HR&CE Act 1951 section 29 and asked my grand mother to pay Rs. 2500/cents, total of 10k. Due to unstable financial conditions she could not pay the said amount. The order passed is still valid. We are ready to pay the amount now, how can we proceed with this and do we need to pay additional intrest. Kindly assist. Thanks, Ashwitha
Asked 5 years ago in Property Law
Religion: Hindu
10 Answers
There is no such clause in the order copy by when the tenant has to pay the stipulated amount. How do we go about in such cases. Order passesd in October 21, 1985
Asked 5 years ago
It is doubtful that after 33 years commissioner would accept payment
you can approach commissioner office and offer to pay said amount with interest
See since a lot of time has passed it is required to study the condition of the order.
See you can file an application before the authority seeking permission to deposit amount along interest if applicable they will reply accordingly you can decide way forward.
See if there is no time limit mentioned then approach the office and offer to pay same.
Kindly contact concern department for details.
Dear Client,
Is your grand mother alive ? and in which year land was granted ? I don`t think scheme still available on same payment.
If grand mother is alive than she should approach the commissioner.
More over, HR&CE Act 1951 is declared unconstitutional and discriminatory by Karnataka HC.
You need to check the said order of it has some limitation period. If not then you can pay the same. If there is no interest clause in the order then you can pay the same
Dear Sir,
You may file a writ petition and High Court may pass necessary orders in your favor.
When was this offer made to your grandmother?
Whether your grandmother is living now?
What are the conditions imposed in the said order?
In what capacity are you staking claim now to pay the said amount?
Whether her legal heirs are entitled to claim this privilege, is there any provision in law for this?
You may revert with details so that you can get proper opinion for moving ahead with suitable suggestions.
You may see to it that this order was passed in respect of allotment made to your grandmother and not for her legal heirs.
Therefore, if your grandmother is not living then her legal heirs should have staked the claim long back.
It may be barred by limitation now, hence you may have to ensure the conditions for allotment which would enable the legal heirs to claim this landed property. What is the current market value of the property?
You may better consult a local advocate with all your relevant papers and proceed on the advise made by the advocate