• Sale deed done when property is under Urban Land ceiling Act in andhrapradesh Pradesh.

Sir, one of the open site property in vishakapatnam was under Urban Land ceiling Act from 1972 in state of andhrapradesh Pradesh. Land got revealed from act in 1999. We have purchased land after Clearance from ULC. But now we have got one person claiming right on property, saying he got sale deed registered in 1985. It is reflecting in Encumbrance Certificate. 
 Sir, my question is when ULC is in force Sale Deed registration of property to third person is valid or not. Please let me know, 1.what steps I need to take further? 
2.Do 1985 executed registered valid? 
3.if any further more registrations done with respect to 1985 document is valid.
Asked 6 years ago in Property Law
Religion: Hindu

4 answers received in 2 hours.

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9 Answers

provision of Section 27(1) of the ULC Act in so far as it imposed restriction upon the right of a person to dispose of his immoveable property within the ceiling limit is declared invalid by  SC 

 

2)When Section 27(1) of the ULC Act was struck down as invalid in so far as it was made applicable to the immoveable property within the ceiling limit, there was not only no question of seeking any permission to sell from the competent authority but there was no right of pre-emptive purchase in the State in respect of such property within the ceiling limit.

 

3) 1985 registration would be valid 

 

4) further registration would be invalid 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

If there is encumbrance the registration can be challenged anytime in court. 

 

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

Sale deed of 1985 would be valid 

 

2)subsequent sale would not be valid if seller had no right , title to the property 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

If you have possession just relax. Don't go into validity. The issue will come only if the same is challenged by anyone

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

Sale is valid but not ownership but after 1999, person having sale deed title vested in him. When you and from whom you have purchased ? YOU have possession, you title will prevail and other person sale deed even if considered valid, his claim is barred by limitation.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

Yes the sales deed of 1985 will be consu valid if it is also reflecting in encumbrance certificate

You should go for negotiations with that person.

Yes only if sale is done by person purchased the property in 1985.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1.  Since the property was under ULC then he would not have been active to know about the status of the same, however on seeing that you have bought the property, he is coming out with the claim now.

The question is not about the validity of the purchase, now it is about who owns the property,

If the property is under your possession ever since your purchase then you may file a declaratory suit to declare title to the property based on the registered title documents in your favor and also under adverse possession.

2. The court will decide about its validity.

3. You may approach court of law with  suit for declaration, let the court decide based on your arguments and facts of the case.

 

 

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

You should have actually obtained a legal opinion at that time itself because you say that there is a reflection in EC also about this.

Well you can file a declaratory suit to declare your title based on the registered documents in your name.

 

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

Dear sir,

Please contact any local advocate having knowledge about local laws. 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

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