• Can I buy agri land owned by legal heirs of deceased freedom fighter?

Dear sir

Please guide me can I buy agri land owned by legal heirs of deceased freedom fighter. The agri land was allowted to deceased freedom fighter by the government. Now his legal heirs name is appearing on the 7/12 extract and all legal heirs are ready to sale the agri land.
Asked 4 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

16 Answers

Yes definitely you can buy but take NOC from all legal heirs blood relative direct degree of the same family tree before entering into deal.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

Yes you can buy the same unless it is allotted in a scheme which bars it's sale

Prashant Nayak
Advocate, Mumbai
31960 Answers
180 Consultations

4.1 on 5.0

1. Yes you can purchase the property as the ownership is transferred to the legal heirs and they may sale same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If all the legal heirs are willing to execute and register the sale deed then there is no problem in buying the same. 

However get satisfied about the number and details of the legal heirs so no other person later appears and claim share in it.

Devajyoti Barman
Advocate, Kolkata
22838 Answers
490 Consultations

5.0 on 5.0

Yes you can buy but out of abundant caution just ask the legal heirs to provide the document through which the land was allotted and go through the document yourself or show it to a lawyer just to make sure there are no such restrictions in the document to sell or that if there are any special requirements to sell.

Normally there should be no such restriction because the Transfer of Property Act bars any fetters on ownership however there can be some exceptions . Just make sure you join all the legal heirs in the sale deed to avoid any future dispute.

Varun Bhandari
Advocate, Kanpur
86 Answers

5.0 on 5.0

You are at liberty to buy land from legal heirs of deceased 

 

2) I presume you are an agriculturist 

Ajay Sethi
Advocate, Mumbai
94782 Answers
7548 Consultations

5.0 on 5.0

Yes, you can buy as they family are owner of the land and its free from all encumbrances.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

1. IF the allotment of agricultural land was specifically for "Reserved Class" (as you mentioned), THEN it means that the land is of "new tenure" and proper permission of district collector has to be taken to first convert the land into "old tenure" by following due procedures of law.

2. ONLY AFTER above, you become entitled to purchase the agricultural land, PROVIDED you yourself are an ancestral agriculturist.

3. Visit the following link, for more INFO into the matter:
https://www.lawyersclubindia.com/forum/Re-Can-Pvt-Ltd-Company-in-Maharashtra-buy-Agricultural-land-15364.asp

4. Coordinate with a local Property Lawyer with all the documents and see if documents are in order.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Yes you can buy

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Only agriculturists can purchase agricultural land. If either of a person's parents or grandparents are agriculturists, then such a person is also entitled to the purchase. If a person holds agricultural land anywhere else in India, he can still be deemed an agriculturist in Maharashtra.

If land is situated within the limits/jurisdiction of Municipal Corporation; or Municipal Council; or Special Planning Authority; or New Town Development Authority than you can purchase.

Legal heirs are original owners and restriction if any on allotted land last for 15 year approx.

Yogendra Singh Rajawat
Advocate, Jaipur
22648 Answers
31 Consultations

4.4 on 5.0

- Legally , you cannot purchase the land from the legal heirs of deceased freedom fighter , which was given by the government .

- Only the land which is the personal land of the legal heirs , you can purchase , and the said land is not owned by the legal heirs , as it was allowed by the government. 

- Even the government itself cannot acquire the said given land to the freedom fighter. 

Mohammed Shahzad
Advocate, Delhi
13261 Answers
198 Consultations

5.0 on 5.0

If ther allottee has expired and also the property was allotted to the allottee very long back, there should not be any legal infirmity in buying this property.

However you may better obtain a proper legal opinion from a local advocate befor buying this property. 

T Kalaiselvan
Advocate, Vellore
84979 Answers
2204 Consultations

5.0 on 5.0

Yes that is ok. Engage a lawyer who will perform the required due diligence and then you can buy the property.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Govt can't acquire property belonging to freedom fighters, you can buy . 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear Sir,

There is no harm or issues involved in buying the said land. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Yes you can go ahead with purchase of land. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer