Hi Team, My self Arun, I need your help, i am trying to understand how land acquisition works and how compansation will be handovered to individuals. as my mother is one of the joint owner of the land she got a notice from land acquisition team stating your land will be acquired for HW road purpose. When I went to office they are stating that person who is mentioned in Katha will get compensation money not people who are on pani. Katha is on my grandmothers name and my grandmother is not ready to give money she wants to give all money to one of her son not to her daughters. I question the acquisition team stating mother is listed in Pani please decide and give money saparatly to my mother they are stating that we can give to only person, you family members decide and come to us to whom handover the money. Is that true ? I want my mother to get money saparatly what steps should we take. Please suggest. Regards, Arun
1) Yes, its true the amount will get transfer on one main person and you all family members has to divide among yourselves.
2) If you request to land acquisition officer that distribute amount the equal sharing ratio wise accordingly to names are appearing on katha.
Dear Sir,
First you must a protest memo before the SLAO (Special Land Acquisition Officer) not to disburse any amount to any body until dispute between the family members is resolved. Further your mother must file a partition suit claiming her share and get interim stay order against SLAO not to disburse the compensation to your grand mother. Thus matter will be resolved by the Civil Court.
your grand mother is absolute owner of property
2) revenue records reflect her name as owner of property
3) under section 38 (1) of new land acquisition act payment is to be made within period of 3 months of award
4) section 77 of new land acquisition act provides that payment of compensation is to be made by collector by depositing in bank accounts of persons whose land is acquired
5)
When the amount of compensation has been settled, if any dispute arises as to the apportionment of the same or any part thereof, or as to the persons to whom the same or any part thereof is payable, the Collector may refer such disputes to the Authority.
Thanks Sir, Sir just curious why do they give to one individual? When all members are listed as joint owners they could divide equally among everyone and distribute money right ?
if all family members are joint ownership property money should be apportioned equally among them
Dear Sir,
They have no powers and jurisdiction to decide the shares of each one. So you must get it decided in the civil court and ask the SLAO to deposit the amount in the Court or Court will order accordingly on your application.
You can file a affidavit with NOC of all others to deposit the compensation in mother's account. Else you need to move to court for directions.
See your mother can file a protest and seek relief before the land acquisition officer not to disburse amount till the family is not in agreement to disburse the amount equally, the land acquisition officer on dispute can refer the matter to appropriate authority. Further if it is joint family property and mother has share she can file for the partition in the civil court and can get stay on disbursement of the funds.
The amount shall be disbursed to the land owners. If there are shareholders in the land then it shall be disbursed in propionate to there share in there accounts.
Hi,
If all the individuals are shown separately, the money may be claimed separately also.
If this property belonged to your grandmother and she is living then she will be the person who is entitled to the compensation amount.
Since your mother is not the title holder there is no question of she getting any share in the property that is being held by your grandmother.
You may talk to your grandmother about this and settle the issue amicably
This is for easy disbursement for the authorities concerned. However if all the joint owners want their share separately then can give an objection and get the compensation as per their entitlement, separately