• Purchase of land under Urban Land Ceiling Act

Hi sir,we belong to vijayawada in andhra pradesh, recently we have seen a plot admeasuring 265 sq yards in vijayawada.however we have come to know that the land is notified under urban land sealing act.The land owner has agreed to pay the required charges for releasing the land from sealing.Is there any such provision for releasing the land from sealing upon payment of required charges to the government.further we would like to know whether there would be any possibility of legal issues with the land evenafter releasing the land from sealing and would the banks consider our home loan application as the land is earlier under land sealing act
Asked 5 years ago in Property Law
Religion: Hindu

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12 Answers

The ULC Act came to be repealed by the Urban Land (Ceiling & Regulation) Repeal Act, 1999 ("Repeal Act"). The Repeal Act, however, enabled the different State Legislatures to adopt and implement the repeal from different dates.

2) Section 3 of the Repeal Act provided that the repeal of the ULC Act shall not affect the vacant lands which had already been vested under Section 10(3) of the ULC Act, of which the possession had been taken over by the State Government or by the Competent Authority,

 

3) state govt levied premium for regularizing the land exempted under Section 20 of the ULC Act:

4) if any order is passed for releasing land by state govt you should not have problems on obtaining bank loan 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Releasing from the sealing is nont possible 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Don't go for purchasing sealing land , because sealing won't be release be making the payment. You have to check the sealing reason and purpose behind it. the reason of sealing you can find it in mutation records on land revenue for that particular land number or whole land area. 

 

If its like to get release sealing than its ok, whether the sealing is for local, state or national highway or government school or social market or local people or government hospital etc ... kindly check the specific reason of sealing than let us know whether to purchase or not.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

The land under such an act is taken away ie acquired by the government. There may be a policy wherein a person may take back his land. Lical laws have to be seen. Engage a local lawyer who will perform a comprehensive due diligence and then submit a report. Then only you should proceed.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. When a property is acquired for public purposes then if can not be de sealed once again. Check there is any local laws which prescribes something else. 

2. Do the proposal of the seller appears to be not supported by law. 

3. Since local land laws differs I  every state its prudent if you show the relevant papers to an advocate than seeking online advice. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Whether there is provision or not, law is person holding land more than the ceiling limit, transfer by way of sale, mortgage, gift, lease or otherwise of the excess vacant land shall be deemed to be null and void.

Exemption from ULSA is permitted, Tell him to obtain govt. order in this regard first than only go for purchase.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1. Visit the local Revenue Dept. (Tahsil Office) and inquire IF this particular survey no. is within the Land Ceiling Act and whether Govt. has passed any order to collect Penalty charges to remove the Land Ceiling provision for this land.

2. IF Tahsil office confirms the same ONLY THEN you may proceed to buy the land and also take a irrevocable indemnity bond from the seller party to indemnify you against any losses, legal litigation etc....

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

There are 11 classifications of land in Andhra Pradesh and a person can hold agriculture land ranging from 10 acres to 54 acres according to respective class of land.

There are eight types of agriculture land which are exempted from the application of this Act. If land falls any one of categories mentioned in section 23 the ceiling limit will not apply. The range is so wide and a big land holder easily bring himself in any one of the categories mentioned in section 23 and is exempted from the ceiling limit.

The land ceiling laws may have allowed for re-distribution of land in the past but today, they act as a barrier to the growth of farmers' income.

But for various reasons, the redistribution of land did not take off in most states, even as the legislation that puts a limit on how much land a family can own continues to remain in force.

This limit is also dependent on the type of irrigation facility available for the land. If the land is irrigated for two crops a year (perennially irrigated), the amount of land that can be held is the lowest. If irrigation is available for one crop a year (single crop land), farmers can keep a higher amount of land. If the land is not irrigated (dry land), the limit is the highest.

However ther is no point in discussing all these issues, because there is no remedy for this now at this stage.

In my opinion, there  are no possibilities for the vendor to get the land released from the land ceiling, hence better obtain a proper legal opinion from a local lawyer before venturing into this purchase.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Yes bank will consider the loan application in above circumstances

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. Upon payment of penalty the land can be released from the ambit of Land Cieling Act.

2. There should be no issues after the land is released.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

no possible to release ceiling land. 

you need state government order chances are bleak. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Dear land aquired by govt under land ceiling act cannot be released until there is such scheme for selling of land. 

2. You should check some local notification regarding release of aquired land under land ceiling act.

3. I don't think that you should go ahead with the deal until title is clear because it involves your life savings. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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