Hi, My father in year 2006 has purchased land during that time 2 acres of land purchased and as per documents available that time the predecessor has pattadari passbook and in register office also it was clear and land was registered on our name , we took possession and in year 2010 we were issued with paatadari passbook on our name. now in 2016 Andhra Pradesh govt developed meebhoomi data base in that data base the land was regular land and on the predecessor name. when we approached the local MRO for mutation of details they informed that the land is assigned land and it is allocated to APPIC. land possession is under our control only.. now my question is that if it is assigned land how the registration happened and how come passbooks issued since 2006 ... what are my rights , can i approach court for getting it on our name? or in case to avail compensation in future.
Asked 2 years ago in Property Law from Kakinada, Andhra Pradesh
1) file RTI application with MRO as to when land was assigned to AAPIC
2) if land was assigned to AAPIC how was registration done in favour of previous seller
3) if any fraud has been committed by seller in connivance with registry authorities then your claim for compensation would be against seller
4) there must be indemnity clause in your sale deed wherein seller agrees to indemnify you against claims made of any for the property
The title flows from the sale deed which is also registered in your favour. The govt has to explain how the conveyance of land and its possession was allowed to you if the possession is under its control. You may file a suit for declaration of title to the property and also injunction to restrain the govt from dispossessing you from the land.
following above information , the land is in two bits, in one bit which is in 1 acre we are having a soap industry and got all approvals from local panchyat and paying taxes ,also applied for regularization of the building, as a notice was served by government to get it regularize under building penalization, as the file is under process. more over the factory is under mortgage with IOB (Loan has been cleared ).on the other hand APIIC has done a registration of sale deed to GMR KSEZ With out any notices served to us in that area..the registration is done for 1500 acres based on Government memo.
the other land is of two acres which is on road side , we are running and educational society in that land with state of art facilities...
now what i don't understand is the local MRO is saying it is all government land and govt has given to apiic and apiic has given to GMR SEZ for development and registered a slale deed.
Till date no notices were served to us.. the said property is on our possession and till date we are paying taxes as well.
so please advice the correct method of approach that i should be followed to get justice from court.
1) what are my rights. 2) will they can forcefully disposes us from the property 3) are we eligible for 2013 land Acquisition compensation guidelines
Asked 2 years ago
The first thing you should so is to file a suit for injunction to restrain the govt from dispossessing you from your property. Thereafter, the declaration of title can be sought.
1) file writ petition in in Andhra high court to challenge the transfer of land by AAPIC to GMR SEZ
2) in said writ petition it should be mentioned that it is not govt land as father had purchased it by regd sale deed and father was issued patta dar passbook in 2010