1) you have to file suit to set aside fraudulent sale deed
2) delay in filing suit has to be explained
3) apply for NOC by all legal heirs of grand father
4) occupant does not have legal rights as it is fraudulent transfer
Applying NOC for assigned land
Hi, I need to apply for NOC for Assigned Land given to my grandfather for his freedom struggle in Hyderabad, Telangana. Land was allotted in 1964 and I managed to get the land allotment letter from MRO through RTI and currently have Passbook related to that land, but we are not in possession of the said land since 1980 and a 3rd person is using it since then and till now. After enquiry in the village we found that this 3rd person has managed to get the sale deed (fake one) stating my grandfather has sold this land to him in 1984 and has been registered to him (checked the EC shows mutation to him) but as he does not have the NOC he could not do any sale of the land. Pahani show only mutation from govt. to my grandfather and currently again back to government in 2012 and the survey number is under prohibited properties. 1. can the legal heirs apply for NOC if yes, should all apply combined or my father who is male head of the family of among 5 siblings can apply for the same? 2. what are the chances of getting NOC? eligible/not eligible 3. what are the options to deal with the 3rd person currently in occupation of the land since 1980 4. will there be any legal rights on the land for this current occupant 5. will the prohibited status removed if i get the NOC
Asked 4 years ago in Property Law
Religion: Hindu
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6 Answers
- The purported sale deed of 1984 is invalid and not enforceable. As permission has to be obtained by assignee from Collector for sale and sale deed mentions the permission granted by Collector.
- First you have to get the sale deed cancelled 1984 and take possession of land.
- Father has to seek permission/NOC for State Government, which is his right and he will get it.
- The person is possession is trespasser, he can claim not rights in the land which is assigned to your ancestor. Seek his eviction by filing proceeding with MRO.
- Once the permission is obtained which is your right, land will be removed from prohibited list under Section 22A of Registrar Act.
There are many judgment by High Court of Telangana removing property from prohibited list.
1. After the death of your grandfather , his legal heirs can apply for getting the NOC , and also your father can take PAO from other siblings for the same.
2. There may be requirement of legal heir certificate for getting NOC with the allotment to grandfather.
3. Your father and his siblings can lodge a compliant against the third person for the offence of trespassing , and further can file a declaration suit before the court for declaring the sale deed as null and void.
4. No
5. Yes.
1. The legal heirs/successors in interest to your deceased grandfather have to take a collective step in this regard, your father cannot initiate any step on his own.
2. It depends on the status of the property and the reasons that you people state before the concerned authority to convince them about your claim.
3. After retrieving the property you may have to file an ejection suit and for possession by ejecting him from the illegally occupied property.
4. He may claim title by perfecting the law of adverse possession too.
5. First of all you get the NOC, if it is given then you may have to apply for removal of the prohibition status.
1. Yes
2. Yes they will get it
3. You need to take legal steps against him and proceed.
4. Yes
5. Not easily.
Dear Clients,
- he applicant should visit the respective circle office.
- Fill up the form of the no-objection certificate carefully.
- The certificate has to be signed by both the seller and the purchaser.
- All the required documents attached to the certificate has to be self-attested by the seller.
