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.
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.
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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.
1. Yes you can purchase the property as the ownership is transferred to the legal heirs and they may sale same.
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.
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.
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.
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.
- 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.
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.
Yes that is ok. Engage a lawyer who will perform the required due diligence and then you can buy the property.