• Wakf land

Hi All

This is regd a 400sq yards plot I've bought in 2011. The plot is like 2 km away from where I live and I've been monitoring it now and then. But a few days back, I've noticed it's showing as a prohibited property online (https://registration.telangana.gov.in/prohibitedPropertyDetails.htm). 

To be specific - When I enter District, Mandal, Village and Survey no, it's coming up 2 sections 
1st section:
Prohibited Properties in *Rural* Prohibited Register
2 rows here in here, It looks like the whole survey no has been Prohibited as I can't see any plot numbers. 
Prohibited under "Wakf Land". 
Notification Numbers: Looks like court case numbers
Date: Nov 2012

2nd section: Prohibited Properties in *Urban* Prohibited Register
it's displayed as "No property is found to be prohibited in this village with given details"

My Questions:
1. what does it mean if it's prohibited under "Rural" but not "Urban"?
2. The Notification date is after I bought the plot, almost a year later. But don't think I've received any notifications. can someone confirm that I should've received a notification?
3. Finally, can I sell the plot now? 
4. If I can't sell the plot, can I register/Gift aid to my son? Reason being, my health.

Any help is very much appreciated
Asked 4 years ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

9 Answers

In respect of  Government land, assigned land, inam land, waqf land etc. State Government issues notification under Section 22-A of Registration Act making declaration  that registration of such land is prohibited. Such notification is issued in Official Gazette and in newspapers, individual notices are not issued. Sub-Registrar keeps details of all such properties. As soon as seller and buyer submits sale deed for registration it will be rejected by the Sub-Registrar intimating prohibition of  registration. In your case your document  is registered  in 2011 and notification is issued in 2012. There is possibility that after 2011 there was some development necessiting issuing of notification.  You need to make a detailed inquiry with Sub-Registrar or through RTI regarding registration and particulars of  land in notification. If the notification is  after your purchase, you can seek exclusion of land from notification by filing writ in the High Court of Telangana  an Hyderabad. If the land is  included in the notification, it cannot be sold, gifted or transferred in any other manner. (link given to notification is not accessible).  

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

1.It's not valid

2. You need to confirm it with local sources. 

3. Yes

4. You can do both

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

You cannot sell the plot as sale deed would not be registered if it falls under prohibited property 

 

2) you cannot gift the plot as gift deed would not be registered 

 

3) if it has been prohibited as it falls under wakf land you can file application before tribunal that it is not Wakf property 

 

4) jurisdiction of civil courts is barred in respect of Wakf property 

 

 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

Writ petition will o lt work once you exhaust alternative remedies with govt bodies

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

If HC set asides declaration of your plot as Wakf property you can sell the land 

 

Check with Wakf board of your state whether your property falls under Wakf property or not 

 

3) if any question arises as to whether a particular property is Wakf property or not or whether a Wakf is a Sunni Wakf or a Shia Wakf, it is for the Board to decide the question and the decision taken by the Board is subject to scrutiny only by the Tribunal and if not interfered by the Tribunal the decision is final.

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

As I do not have details of mandal and village, I cannot feed the required details. If particulars are provided it will help me to form appropriate opinion. For the purpose of  imposition of stamp duty, properties are categorized as urban and rural by State Government. May be that classification is indicated with regard to your land. As inclusion of land in prohibited list cannot be challenged in civil Courts, writ petition in High Court is only remedy and such writ petitions are regularly filed in High Courts. Once notification is found irregular by High Court on any ground, land can be sold.

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

1. You have not stated that whether your plot comes under urban or rural jurisdiction;

Since you have registered sale deed on your name, you may first ascertain the details of the notification declaring your plot as prohibited and the genuineness of the notification.

Then you can proceed with legal action to retrieve your property.

2. If you have not received notification then you may visit the concerned revenue department and obtain a copy of the notification and find out the reason for notifying this area as prohibited area, after which you can plan to file a suit for mandatory injunction t and declaration  to declare your title based on the registered sale deed on your name.

3. If the buyer would question you about your clear and marketable title, then how would you be able to convince him about it when the property falls under prohibited area.

4. Without knowing the details of the property's notification, any action that you may take would be waste of time, money and energy.

 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

Without the details of the property, the link is of no use, hence you may first of all ascertain the facts and status of your property by filling up the details of the property in the given link and then raise your query. 

Your query is vague and devoid of details.

The high court will not entertain any writ petition without providing the details and proper documents supporting your plea and grievances. 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

Dear Client,

                  Rural refers to area which is located adjacent to or is a village. Urban is an town or a city area. If you would search with keywords related to these within the guidelines and read between the lines you should be ab;e to find out about the query.

Yes if a writ is dispossed in your favour, you may be able to sell the plot.

Thanks & Regards

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Ask a Lawyer

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