No, you can go as per Gazette notification.
Can adjoining land holders claim my agricultural land which I registered today
I registered a piece of land today and I didn't have any land adjoining the purchased land. I fear that someone may file suit under section 16.3 of Bihar land reform and ceiling act 1961. However I found on internet that particular section is repealed by the govt recently by a gazette notification. Should I still fear about the claims of neighbors.
Asked 6 years ago in Property Law
Religion: Hindu
13 Answers
This is the responsibility of the seller of the land to give you the position of the land and later on you can secure your land by any means which may be possible for you nobody can trespass in your land and there there are laws available to give you protection in regard
Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (“the Act”), which reads:
“When any transfer of land is made after the commencement of the Act to any person other than a co-sharer or a raiyat of adjoining land, any co-sharer of the transferor or any raiyat holding land adjoining the land transferred, shall be entitled, within three months of the date of registration of the document, of transfer, to make an application before the Collector in the prescribed manner for the transfer of the land to him on the terms and conditions contained in the said deed:
Provided that no such application shall be entertained by the Collector unless the purchase money together with a sum equal to ten percent thereof is deposited in the prescribed manner within the said period.”
2) if said section is repealed you need not fear neighbour exercising right of pre emption
Section 16(3) of the Act has since been repealed by the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 2019.
No effect on your ownership.
No need to fear. No one can claim the land in such a way.
1. File Application for Govt. Survey of the Land, with proper notice to all four side adjoining land-owners.
2. AFTER above is conducted, the adjoining land-owners shall not be able to raise any claims whatsoever.
when you have the sale deed registered then you may file a counter case of affirming your ownership to the property and also seeking a stay order against this person to prevent him from ousting you from your property..
Many of the learned counsels have not bothered to read the my question properly and the section 16.3 hence totally missed the crux of the question. I am appalled to read some of the suggestions, doesn't look like a professional lawyers answer. There is no case of eviction, pre emption is different thing. I will be paid fully even if the land is granted to one of the neighbor under section 16.3. Govt does this to regulate fragmentation of agricultural lands. The land I bought is litigation free and I have the possession. My question is under any law , any regulation of Bihar govt is there a slender of chance that the adjoining neighbors can stake claim on my land citing 16.3 or any other prevailing law. I request someone who has thorough knowledge of property rules in Bihar to please respond. Thanks
Asked 6 years ago
Since section 16(3) has been repealed your neighbour cannot exercise right of pre emption
2) it could have been done earlier before repealing of said section within period of 3 months by making application to collector and depositing 10 per cent of same proceeds
Already informed you, it is repealed. Also there is a judgment of Patna High Court in this regard. Your ownership is secure.
No you should not fear about the transfer of land to your neighbour because section 16(3) of Bihar land reform act has been repealed by govt.
After having purchased a piece of land by a registered sale deed in your favor, you need not be worried or afraid of the neighbors for whatever reason.
You first ascertain your boundaries with the help of a surveyor on the basis of the documents related to this land, after that you may bind the boundaries by barbed wire fencing which will ascertain your possession and enjoyment of the property you bought now, this will enable you to fight for your interest in case of any litigation cropping up from any neighbor.
Your question seems to hav been raised due to your imaginary fears.
When you have purchased the land you never bothered to get a legal opinion from a property lawyer in this regard or any other aspect, whereas you are afraid of your neighbors' acts of annexing your land illegally citing a non-existent law or rule.
In case of any such issue, you can always fight for your rights hence you were advised to secure your property by fencing it with barbed wire fencing to evidence your possession of property to declare your title, after that you can easily get the reliefs as desired based on the supporting evidences in your possession.
I already said NO, they don't have any rights as per the amendments of section 16 (3) which is repeal.
The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 2019.
For on going cases also this act was applicable in the month of February 2019 when it got amend and section 16(4), mentioned to refund 10% money which collecter or deputy collector had taken as deposit.