• Registration issue

Hello sir, we have made agreement for a land based on old pass books issued in combined AP state two years back . At that time land lord told that he is awaiting for Telangana passbook . Upon checking we found that land is listed under prohibited property . Land is a inam land and owner has paid premium in 2003 and also 1-B tax in 2017. Upon suggestion of family friend I have given application to check if land has ORC issued. Please help me how to get this removed from prohibited list and get it registered
Asked 4 years ago in Property Law
Religion: Hindu

12 answers received from multiple lawyers

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12 Answers

You need to apply if the same can be removed from that list. I guess it not possible

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

his involves local laws.

Since this is coming under the prohibited list you may better ask the vendor to get it cleared and ask him to produce clear and marketable title on his name to sell the property or to cancel the sale agreement. 

(Act 8 of 2007):-According to sub-section (1) of Section 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 any land assigned by the Government to landless poor persons for purpose of cultivation or as a house site then, notwithstanding to the contrary in any other law for the time being in force or in the deed to transfer or other document relating to such land, it shall not be transferred and shall be deemed never to have been transferred and accordingly no right or title in such assigned land shall vest in any person acquiring the land by such transfer. Sub-section (2) thereof prohibits landless poor persons to transfer the assigned land and no person shall acquire any assigned land, either by purchase, gift, lease, mortgage, exchange or otherwise. According to sub-section (3) of Section 3, any transfer or acquisition made in contravention of the provisions of sub-section (1) or sub-section (2) shall be deemed to be null and void.

Section 4 of the said Act stipulates consequences of breach of provisions of Section 3. According to clause (a) of sub-section (1) of said Section 4, the District Collector or any other officer not below the rank of Mandal Revenue Officer authorized by him, if he is satisfied that any of the provisions of sub-section (1) of Section 3 have been contravened in respect of any assigned land, is empowered to take possession of the assigned land after evicting the person in possession, in accordance with the rules prescribed thereunder.

Clause (b) of sub-section (1) thereof contemplates the said officer to restore the said assigned land to the original assignee or his legal heir or where it is not practicable to restore the land to such assignee or his/her legal heir, resume the land to Government to assign the landless poor. The proviso thereunder, while prohibiting the restoration of the assigned land to the original assignee, makes it mandatory for the Government to assign the land after resumption to any other landless poor persons.

T Kalaiselvan
Advocate, Vellore
84961 Answers
2199 Consultations

5.0 on 5.0

If land falls under prohibited list registration of sale deed would not be done in your name 

 

ask seller for refund of your money with interest 

Ajay Sethi
Advocate, Mumbai
94760 Answers
7541 Consultations

5.0 on 5.0

1. Make proper application to the SDO office, with all the supporting documents and request for removal of "imam land" category from their records and restore it to "old tenure land" in their records.

2. IF above is refused, THEN file another application with SDO, to convert said "imam land" category into "old tenure land" in their records, by paying relevant fees & penalty etc....

3. IF point no. 1 & 2 also is refused, THEN move jurisdictional district Civil Court, for the same and plead to the court for directions to to convert said "imam land" category into "old tenure land" in their records, based on the original documents of the land starting from 1950 onwards.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Supreme Court has ruled that it is illegal to issue Ryotwari Pattas for the Inam lands. AND INAM lands cannot be sold /purchased by anybody, without first converting the inam land into "free hold" land by conducting due procedure of law, thru the office of the district collector.

Yogendra Singh Rajawat
Advocate, Jaipur
22644 Answers
31 Consultations

4.4 on 5.0

you can search the prohibited lands list online or else you can approach any junior assistant in sub-registrar where the land situate can tell you exacate position whether the land can be registerable or in prohibited status.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. To get the land removed from prohibited list you have to make application with District collector for change of land status. 

2. After getting permission from DC you can get the land registered on your name. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Have to obtain court order to delete from prohibition list.

Yogendra Singh Rajawat
Advocate, Jaipur
22644 Answers
31 Consultations

4.4 on 5.0

Consult and engage a local prudent property lawyer for better appreciation of facts, analyse, guidance and proceeding professsionally.

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can apply as aforementioned

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

The title of property is under cloud.

There is no clear title to the property to the original owner itself as pr the contentions you have mentioned here.

Therefore the legal heirs of the deceased cannot acquire title to the property.

If they acquire title by getting the property mutated to their names in the revenue records ask them to execute a registered sale deed in your favor,.

If the registrar denies registration then there is no use of buying this property.

You may have to run between government pillars and posts to get approvals from various departments in this regard.

Moreover you have mentioned that this property has been listed ion the Wakf website as well, hence they will not remain silent, they may file a suit and obtain an order injunction against you.

Then your position will be very precarious or pathetic.

Whatever, you may consult a local advocate with all the papers and get a on the spot opinion about the property and proceed only when recommended.

 

 

 

T Kalaiselvan
Advocate, Vellore
84961 Answers
2199 Consultations

5.0 on 5.0

File writ petition in HC against listing of your property as prohibited property and for mutation of property in name of legal heirs 

Ajay Sethi
Advocate, Mumbai
94760 Answers
7541 Consultations

5.0 on 5.0

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