• NOC from urban land ceiling

I purchased about 400 sq. yds of land with an existing shed having Municipal Door number in 1980 in Hyderabad. The name of the seller is not reflecting in the statement under Sec.10(6) of Urban Land Ceiling Act 1976. I subsequently constructed additional dwelling area after duly obtaining permission from the Municipal authorities during 1982 and 1985. I propose to sell the property now. The buyer insisting for NOC from Urban Land Ceiling. I request you to clarify..

 a) I purchase a land with building propertyin 1980
 b) Hyderabad Municipcal Corporation has permitted construction of additional dwelling units.
 c) Name of the seller is not appearing in Sec.10(6) of ULC Act 1976.

 Under the above circumstaces can the property be considered as safe and not falling under the jurisdiction of ULC?
Asked 4 years ago in Property Law
Religion: Hindu

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13 Answers

If your property is not appearing under the Ceiling Act, than no need to take NOC from Urban Land Ceiling. First check with Urban Land Ceiling Department whether your land Number does appear in ceiling than only you can take  further step accordingly. Check with particular department all land number records.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Dear Sir/Madam,

The no-encumbrance certificate may be obtained from the concerned municipal authority and this will confirm that the property is safe to buy. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Ceiling limits over five hundred square meters land and depends in which Madras Urban Agglomeration, your land located because ceiling limit is up to two thousand square meters.
Your land area is less than it. Act dose not apply on your land. Why getting in complications. If will try to ascertain the status of land with govt. officials, they may uselessly create dismay.

Can apply under RTI to obtain information.

Yogendra Singh Rajawat
Advocate, Jaipur
22654 Answers
31 Consultations

4.4 on 5.0

Land Ceiling Act defines the land which a person can hold in maximum. 

If you don't own any other vacant land except this onein the state then you  would be eligible to get such certificate. 

You can contact the local Municipality of the Land Revenue department for this. 

Devajyoti Barman
Advocate, Kolkata
22839 Answers
490 Consultations

5.0 on 5.0


In your case land has not been declared as excess vacant lands under Section 10(5) of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter for the sake of brevity referred to as 'the Act').


you have carried on construction as per sanctioned plans 

 

3) you are in possession of land 

 

4) you are at liberty to sell the land 

Ajay Sethi
Advocate, Mumbai
94790 Answers
7549 Consultations

5.0 on 5.0

It's not a safe if considered the above facts

Prashant Nayak
Advocate, Mumbai
31964 Answers
180 Consultations

4.1 on 5.0

Thiere is no reason for this property to fall under the ULC.

If at all the buyer is insisting on a NOC from the ULC, you can ask him to give the reason or quote the law under which he is demanding this NOC.

If the buyer still insists on the impracticable issues, then you may deny to sell the property and look for another prospective buyer.

 

T Kalaiselvan
Advocate, Vellore
84991 Answers
2205 Consultations

5.0 on 5.0

You first of all confirm that if this property has been in the list of the ULC records held by the land revenue department.

If so, then you can apply for NOC from the authorities concerned by following the procedural formalities in this regard.

Since you have all the records namely registered sale deed, plan approval by local civic body and other documentary evidences to support your claim, you may not be worried about getting the NOC, if at all required, or you can obtain a certificate stating that this property do  not come under ULC. 

T Kalaiselvan
Advocate, Vellore
84991 Answers
2205 Consultations

5.0 on 5.0

You can revert with more details for anymore clarifications that you may intend to get it clarified in future.

T Kalaiselvan
Advocate, Vellore
84991 Answers
2205 Consultations

5.0 on 5.0

Check whether notification under Section 10(5) of the Act issued asking you to deliver the possession of the excess land and putting yiu to notice that if the possession was not delivered, same would be taken forcibly by exercising the powers under Section 10(6) of the Act.

Ajay Sethi
Advocate, Mumbai
94790 Answers
7549 Consultations

5.0 on 5.0

No further queries raised 

Ajay Sethi
Advocate, Mumbai
94790 Answers
7549 Consultations

5.0 on 5.0

TN state land records can be found from the official website of the TN 

website will help you in getting the required property and land documents. You would need to contact local VRO or MRO or Revenue office for any missing documents that you cannot find on the website.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. Yes the property is safe and doesn't fall under urban land ceiling act.

2. You can apply for ULC  NOC from municipal corporation.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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