• Land acquired by the government

Hi, My Land acquired by the government in punjab. I'm an NRI person.

Q. After Land acquired by the government i know can't sell land and can't change owner so which option is still available there if i can't go to india. Any Agreement for agricultural property, Power of Attorney or what else can do ?

Please advice me.

Thanks
Asked 7 months ago in Property Law
Religion: Sikh

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15 Answers

You can execute POA in favour of family member to Receive compensation from government 

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

As the land has been acquired by the government, you are entitled to compensation in accordance with the law. You may issue a specific attorney to your relative or friend in India to liaise  with the government, receive the compensation amount and give a valid discharge on your behalf. If you are not satisfied with the adequacy of the recompense amount and wish to challenge it, you may authorise the power agent to file a suit on your behalf. 

Swaminathan Neelakantan
Advocate, Coimbatore
1838 Answers
18 Consultations

4.9 on 5.0

Authorise a trusted person to look after your property in Punjab by means of a registered POA. 

Shashidhar S. Sastry
Advocate, Bangalore
4100 Answers
258 Consultations

5.0 on 5.0

You will get the compensation from govt. 

Prashant Nayak
Advocate, Mumbai
26719 Answers
79 Consultations

4.4 on 5.0

If the government has acquired the land by a land acquisition notification and paid you the compensation you are having no more rights on the property.

If you had received the notification for acquisition then you may may either apply for stay of the process for land acquisition through a civil court or to apply for getting the compensation amount.

If the compensation amount is very low then you can file a petition before high court  for enhancement. 

So first confirm that if the land has been acquired or not after which more proper opinion can be rendered. 

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

No land can be acquired by State with making proper compensation to the land owners. If the land is acquired after 2014 you will get compensation under Right to Fare Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which  is quite high. If the land is acquired prior to that, you will get compensation as calculated under Land Acquisition Act, 1894 with penal interest. in both case it be handsome compensation.

For filing proceeding for claiming compensation you need not come to India, Draft a GPA in favor of you friend/relative on 100 rupees bond paper giving him power to file suit on your behalf. Get the GPA attested by Indian Consulate/High Commissioner  online as due to covid walk-ins are suspended. The GPA has to be in specific  format.  Send it to the person named in India. He can do everything appointment of Advocate, filing case, defending case etc. for you.

 

Ravi Shinde
Advocate, Hyderabad
2311 Answers
37 Consultations

5.0 on 5.0

- As per law , If your land is acquired by the government authority then you have right to claim the compensation .

- Further, if the compensation has been paid then you have no right on the said land now and cannot sell to anyone.

 As per law, the government cannot acquire any private land without sending a notice to the owner of the land and also without publishing the proposal in the two news papers, if the notice not served upon the owner. 

- Further, without deciding the compensation and paying the same, the government department cannot take possession of the land for the specified purposes like construction of road etc. 

- As per the Land Acquisition (Amendment) Bill, 2007, the payment for acquired land must be made within one year from the date of the declaration, and the Collector can extend this time limit by six months with a penalty of 5% per month, and further if payment has not been made within one year nor has the Collector granted an extension, the land acquisition proceedings shall lapse.

- Further, after the compensation amount is determined, the Collector must ensure that payment occurs within 60 days. Possession of land shall not be taken unless full compensation is paid or tendered to the land owner.

- Further, the land owners whose property has been acquired under urgency shall be compensated an additional 75% of the market value of the land.

Mohammed Shahzad
Advocate, Delhi
9473 Answers
107 Consultations

5.0 on 5.0

Dear Client, 

You can execute a power of attorney and then receive compensation. 

Thank you

Anik Miu
Advocate, Bangalore
4377 Answers
45 Consultations

4.9 on 5.0

Hey,

As such since your rightful land has been acquired by government, you are supposed to receive statutory compensation which is quantified based on various factors. However, since you are saying you are an NRI and don't live in Punjab, you can register a power of attorney in favor of someone to receive the amount on your behalf. For that you may make use of apostille stamping.  

Sanjay Narayandas
Advocate, Hyderabad
101 Answers

5.0 on 5.0

- You can authorize the lawyer for the same after executin a POA 

- That POA should be notarized as per rule of that country ,and attested from the Consulate of India. 

Mohammed Shahzad
Advocate, Delhi
9473 Answers
107 Consultations

5.0 on 5.0

Compensation  against acquired land is paid through cheque to the land owner. The land owner, if he is abroad,  can authorize any person to collect cheque of awarded compensation  for government.  The procedure is, draft a special power of attorney on Indian stamp paper of 100 rupees which  is available in all countries  or even on white paper giving SPA to any of your relatives/friend/lawyer  to collect cheque and give receipt.  Go to Indian consulate/high commissioner and get SPA attested which  the consulate official will readily do. Send the SPA to the person named, he will take the SPA to the disbursement authority which  is Land Acquisition Collector and take the cheque and deposit in your account.

Ravi Shinde
Advocate, Hyderabad
2311 Answers
37 Consultations

5.0 on 5.0

Execute POA in favour of family member .it can be attested before Indian consulate 

 

legal fees vary depending upon lawyer engaged by you 

 

don’t execute POA in favour of lawyer 

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

You may enter into an agreement with the chosen lawyer with the mutually agreed conditions for the purpose of doing all the tasks on your behalf on the basis of a special power of attorney deed that you would be required to execute in his favor. 

You can engage the services of an advocate from this forum or outside for drafting the agreement. 

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

You need to execute a registered POA for the same and you can do that. 

You can contact me through kaanoon for the same or ping me on linkedin will do your work

Prashant Nayak
Advocate, Mumbai
26719 Answers
79 Consultations

4.4 on 5.0

Dear Client, 

Yes, you can give authority to your lawyer through Power of Attorney.

Thank You

Anik Miu
Advocate, Bangalore
4377 Answers
45 Consultations

4.9 on 5.0

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