• Can weaker section allotted land be purchased

Sir/mam ,
 me from Telangana . Govt allotted some plots of land for weaker sections. Those who got this land are selling some plots , can this be purchased ? 
Many people took this kind of land and build building in this land.
Can this plot/s be purchased ? If so what precautions should be taken ? how to verify the details kind of no double registrations happened and things like that... no cases or pending ?
Please advice in details.

Regards,
Shyam
Asked 6 years ago in Property Law
Religion: Hindu

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13 Answers

1. You can conduct what is called as a "search report" of the transactions registered in the office of local Registrar of Sub-Assurances.

2. Check with the relevant authorities (or collector office) about the terms, restrictions imposed by them for buying selling such plots of land. There must be restrictions of atleast 10 years before selling weaker section land, and further confiscate process by govt., without any monetary compensations.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

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
99784 Answers
8145 Consultations

These lands have been provided by the government to the weak. I don't think they can be sold. There must be some scam going on. Verify with the Government first. For that go to the department which allots these departments.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

legally u cant buy ews flats because of two basic reasons 

1) Its illegal to sell ews flat if possession period is less than 5 years and you cant apply for freehold or registry ...dealers are selling it off on GPA basis i.e. power of attorney which results in disputes and conflicts in next 5 years when actual registry time comes and if u cant take again against gpa .

2) EWS meant for weaker section ppl not for middle class or higher class individual.

The sale done by EWS to any other category can be challenged any time and will be under High risked Investment. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

NO because plots must have been allotted with condition that ownership cannot be transfer ever or can be sold after 15 years like something. So better check conditions of allotment first.

Many people took this kind of land and build building in this land. - AT THEIR RISK. BETTER CHECK ALLOTMENT CONDITIONS FIRST. 

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

1. Generally in the patta deed itself the clauses for transfer of land is mentioned.

2. if there is no restraint on further transfer of the land to any member from the society then you can safely buy the same.

3. However if there is embargo on sale for certain period then you will have to wait for such time . 

4. if the seller is a member of SC or ST then also you can not buy this property.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

There are terms of the scheme you need to see that. Sometimes weaker section land cannot be sold. Sometimes it can be sold to only the member of other weaker section. Need to first check the scheme

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

Kindly check state government GR for weaker section land allotment scheme because atleast the owner has to retain land for 20 to 25 years and not to sale.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Yes you can buy legally EWS in resale but before consult an local advocate 

it's illegal to sell ews property if possession period is less than 5 years. 

pls consult local property lawyer in this regard. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

 -  As per law, it is illegal to sell EWS allotted land , specially ,if the possession period is less than five years.

- Further , without getting Freehold Certificate , this type of property cannot be registered in others name. 

- Generally , such type land sold on GPA only, which is not a legal title deed . 

- Check , if this property can be registered from the Registrar, then it is safe to purchase the same.

- You can check from the Registrar office for double registration , if any . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

The free land allotted by government to weaker section cannot be sold by the allottee to certain period of time say for a period of 15 years or 20 years.

You will find the conditions on this in the allotment letter itself.

You should always obtain a legal opinion from a lawyer in the local by producing the copy of the documents and proceed only when it is recommended.

 

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that you are very much vigilant about your legal rights and I really appreciate the same.
  2. Yes, first you need to verify about the real owner of the plot from the registrar’s office after paying very nominal fees (in few hundreds only).
  3. Also verify from the local police station about any criminal case pending if between the owner and some other person which may result in attachment of the said property.
  4. And finally, make an RTI to the concerned authority who sold the plots that what type of construction and to what height (building by laws) is allowed.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Dear sir,

First check the allotment order as to whether there is any condition of non -alienation for a particular period. Then ask the allotte to get NOC from all the concerned departments and banks that said property not mortgaged to any financial institution. Also physically check the location and trace out its history from neighbors. 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

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