The scheme under which the land was granted is very important and relevant. The terms and conditions of the scheme under which the land was allotted was accepted by you and then the land was allotted. They cannot be challenged after so many years. Now the sale deed was invalid but once you have obtained a benefit from the government you cannot shun the law and go ahead.

You may show the terms of the scheme and other relevant papers to a lawyer so that he may better appreciate the controversy.

Assigned land is heritable and it can be bequeathed by will 

However, any sale, gift, exchange, lease, or any other transaction in relation to assigned land is treated as transfer and Section 3(1) declares that such land shall not be transferred and shall be deemed never to have been transferred.

There is Government  Order issued by Revenue Depart in 1959 permitting freedom fighters to sell land assigned to them. The said order was modified in 1959, 1979 and 1993 but right of freedom fighters to sell the land is not changed and still they have right to sell their lands. The land once assigned cannot be taken back. You can make use of this order.

- As per the Madras High court in matter , Government can't acquire property belonging to freedom fighters: 

- Hence, the legal heirs of freedom fighter can challenge the acquisition before the court. 

Dear Madam/Sir,

1.Government lands such as barren, poramboke, waqf, and endowments are placed in the prohibitory register under section 22-A of The Indian Registration Act. This means the properties cannot be sold, registered, and transferred to third parties by way of registration.

2. Please approach your district collector to issue pattadar passbook, that will exclude your land from the list of 'prohibited lands' 

3. Your case falls under Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977. According to the Act, you cannot sell the particular property before 20 years from date of assignment. In case you have sold the house, before expiry of 20 year period, approach the district officer to come up a course of action.

4. No, the government may not claim back the assigned land. 

5. The immediate course of action for you is to approach the district officer and ask him to remove the particular property from the list of "prohibited land"

Thank you 

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The sale of assigned land by your grandfather  was illegal and invalid in the eyes of law because he has violated the conditions of the assignment.

In such cases you can refer to the conditions imposed in the letter granting or allotting him the property.

What was the buyer doing all these 37 years after purchasing the property?

Why he had not taken any steps to get the property mutated on his name after purchasing it by a registered sale deed?

under: "Assigned land" means lands assigned by the Government to landless poor persons under the rules for the time being.

If permanent patta was  given to your grandfather towards the assigned land then the assignee/your grandfather  can transfer the assigned land at his will.

The Chief Commissioner of Land Administration (CCLA) expressed the view that the lands assigned to the poor and landless prior to 18.6.1954 would not attract the rule prohibiting the transfer of lands. Quoting GO 1142 issued on 18.6.1954, the CCLA opined that there is no prohibition with regard to transfer of lands assigned prior to date of issuance of the GO. Also, there are no prohibitory rules for transfer of lands assigned prior to 1954 in the Prohibition of Transfer of Assigned Lands (POT) Act, 1977. 

You may confirm that when it was assigned to your grandfather i.e., whether prior to commencement of the said GO of 1954.

The Section 3 (1) of the Act prohibits transfer of the assigned lands on or before commencement of the Act. It also declares retrospectively that all transfers of such lands which took place prior to the coming into force of the Act will be null and void. “So, the government has to amend the word retrospective to pave the way for regularisation of the assigned lands

The CCLA suggested that the lands assigned after 21.1.1977 can be regularised at market value. However, the assignee should have enjoyed the lands for 30 years.

You may confirm the details on the above lines and proceed with legal process for regularisation.

1. Was it mentioned in the assignment deed that the assignee can not sell the said land within a specific period? Or was it mandatory to obtain NOC for sale from the Authority?

2. It is to be understood as to why the Govt has specified it as prohibited land and when was it declared as prohibited land,

3. When your grandfather had sold the said land, it was not declared as prohibited land since he could register his sale deed without the NOC.

4. Visit the Registry Office to hind out the reason for declaring it as prohibited land and thereafter act accordingly to remove the prohibition by approaching the Court of law.

You have sought for solution to this, which was given in my previous post.

 The CCLA suggested that the lands assigned after 21.1.1977 can be regularised at market value. However, the assignee should have enjoyed the lands for 30 years.

If your grandfather satisfies the above condition then you have an opportunity to fight against this by filing a writ petition to remove the said entry by a direction to the concerned authority

Well if it's prohibited then i am sorry but the and cannot be sold.

1. Find out why it has been prohibited to approach the Court accordingly.

2. It was not prohibited when it was sold by your grandfather.

Assigned land cannot be sold 

1. Government can revoke the land allotted if the conditions of allotment have been breached.

2. One of the conditions was that it cannot be sold. So if this has been breached it vitiates the allotment.

3. Consult a lawyer with a copy of the allotment letter and conveyance deed.

Dear Sir/Ma'am, 

Please approach the district officer and ask him to remove the particular property from the list of "prohibited land"

Thank you 

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