Hello, I have purchased site and construction is also near completion. I have some questions to be clarified 1. I have absolutely sale deed in my name 2. Ec and tax receipt in my name 3. My previous owner has owned the property from 2014 to 2023 and ec also has this record 4. The first owner has sold property to my previous owner 5. As per the RTC records the land has been acquired by BDA and it shows in RTC records 6. but when I check the details via RTI there is no clear details of land has completey acquired by BDA. 7. They submitted the case in city civil court but when checked the status of the case in city civil court the case is not available 8. My question is can we register the BDA acquired land in sub registration office without allotment letter or process certificate? 9. How to get the city civil court details ? How to check the land is stil under BDA control or it does not have any procession now 10. As per bda rules if they don't vacate unauthorised owner within 2 or 5 years. They does not process any authority. Plz advice What can be inferred from this. Pls advise Thanks!! Basavaraj
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Lawyers are available now to answer your questions.
1) issue legal notice to BDA to furnish details of pending civil case
2) if land has been acquired by BDA there has to be some documentary evidence of same
3) visit BDA personally and file RTI application as to pending civil case and whether land has been acquired by BDA
1. If the land was acquired by government and no compensation was paid to the original owner then such acquisition has lased.
2. Since you have the sale deed in your favour and construction is also completed by you then do not think ay other possibilities.
3. If you anxious of future prospect of this property then you can consider selling it.
You need the allotment letter for registration You can file RTI application and get cettotied copies from court and registration office for the details. You can counter the action of BDA in court if they try to vacate you
If the purchase of the property was registered by the concerned sub registrar, then it is clear that the property is not under the BDA, besides the EC is also clear that there are no such encumbrance on the name of BDA.
Since you have registered sale deed on your name you can apply for transfer of revenue records/mutation to your name, if the revenue authorities refuse to transfer the same then you can escalate the matter to the revenue court requesting to transfer the revenue records to your name failing which you cn file a writ petition against the revenue department.
Since you have all the documentary evidences to substantiate your valid title, it will not be a problem for you to establish the revenue title also on your name
Dear Client,
Current Ownership and Documentation: You have a sale deed, EC, and tax receipt in your name, which indicates current ownership. The property's ownership history from 2014 to 2023 is clear in the EC records.
BDA Acquisition: The RTC records show the land as acquired by BDA, but there is no clear evidence from RTI or a visible case status in the city civil court. This discrepancy needs resolution.
Registration without BDA Allotment: Registering BDA-acquired land without an allotment letter or possession certificate is typically not possible, as BDA needs to issue these documents to validate the transaction.
Checking Court Details and BDA Status: To get details of the city civil court case, you can visit the court in person or consult with a lawyer who can access these records. To verify if the land is still under BDA control, you may need to visit the BDA office or seek help from a legal expert.
BDA Rules on Unauthorised Ownership: If BDA has not vacated unauthorised owners within the stipulated period (2–5 years), they might not have active control or authority over the land currently. However, confirming this with official records is essential.
- 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.
- 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.
- Since, you have sale deed in your name , then you are the absolute owner of the land , and BDA cannot acquire without serving a notice to you
- Further, as there is no details of acquired by the BDA and even no case is pending or disposed by the Court , it means the land is not acquired by the BDA completely.
- You can enquire from the BDA site about the said land , and take help of any local lawyer for getting details of that land.
