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Bharat Raj (Self Employed)     26 March 2016

Subdivision of agricultural land into plots

I have 5 acres 2 guntas of agricultural land which i subdivided into plots and sold few of the plots and made registration in the name of buyers.  I have not taken any appoval from any concerned departments for this layout. Can i go ahead with the layout and sell all the plots? Now the government is strict about this unapproved layouts and i am afraid if someone prosecutes me.



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 5 Replies

Bharat Raj (Self Employed)     26 March 2016

Location is Telangana.

Bharat Raj (Self Employed)     27 March 2016

The village comes under 111 GO


(Guest)

Sorry , Myself From Maharashtra so Telangana State Law may be different , forgive me if I give wrong advice but following things I noticed

1) You need your local state Advocate since Land Revenue is State Subject as per Constitution

2) Land Record Department , gives survey no. and its measurement of Land are only considered valid , private measurement does not have that importance. 

3) So when you divide land without informing or taking permission from land record department it is not that legal as per my understanding most probably in your state also.  You have to go to land record dept. get your plot officially divided with proper measurement of Land Record Dept. and each sub plot is given some sub survey no. etc. Then each sub survrey new land record is created and thus plots become technically legally separate and individual transcation can be done and in future no complexity of looking at others land and legal complication are avoided 

4) There is also restriction that you can not divide land less than specific area this is done because such land can not be used for construction purpose or agriculture purpose etc. 

5)  Now Layout which you have made is fatal legally in future. Just take for eg. as per land record who is owner of land . They will state only one single land one owner. then those individual private plot what legal rights they have. And additionally if you keep some land then there can be legal dispute in future sure.

6) To make it straight approch local advocate or land record dept. who can guide you how to divide the land legally and make small different plots legally and then sell . Irreguralities which you may have done can be at this stage dipomatically sorted out showing you did plot division as per Govt. marking 

7) Myself more concern of two things in your case 1) Govt. land measurement 2) Individual Land record of govt. 

8) Sorry if my any advice is wrong and contradicts local expert advocate or land record department Senior officer . I tried as per my knowledge about land transcation whcih is almost same every where in India regarding measurement, alloting survey /Sub survey no. 

 


(Guest)

@ Reddi

You are confusing , You are talking about Registration Act. Myself talking about Land revenue code. Land Revenue Code in Maharashtra whole Land Dept only handles the matter of partition , measurement etc. Some time permission of revenue dept. requires. 

Authorities under registration act work is to get only document register and take stamp duty. 

If disputre takes place either we have various appeallate authority under Land revenue code or some prefer to move  to civil court 

Andra Pradesh / Telangana Can you specify what Land Revenue Code says

Please give inputs on Land Revenue Code of AP/Telangana for knowledge purpose 

 


(Guest)

@ Reddi - Lets share knowledge , because every state has different Act regarding land. 

What is GO 111 ?

Regarding Municipality , I am bit confused 

see schedule 7 of constitution 

Article State - Subject matter of laws made by parliament and by the legislature of states

So in State List 2 (state list)

point 18 -- Land that is to say right in or over land , land tenures including the relation of landlord and tenant , and the collection of rents , transfer and alienating of agriculture land, land improvement and agriculture loans, colonization

point 45 -- Land Revenue , including the assessment and collection of revenue, the maintaince of land records, survey for revenue purposes and records of rights and alienation of revenues.

So law is made by resepctive State , hence every state have different law

Article 243-W --- Powers Authority and responsibility of Municiaplities etc. , (Refer Twelefth schedule)

1) Urban Planning including town planning

2) Regulation of land use and construction of builings  

etc.

Now in Maharashtra 

Land matter is placed under Maharashtra Land Revenue Code 1966 ------ In which act your state land revenue matter is placed , acts name ?

Urban Planning all over maharashtra is governed by Maharashtra Regional Town Planning Act 1966 ---------------- In which act your state town planing is done?

Maharashtra Regional Town Planning Act and Maharashtra Municipal Corporation act both have building construction related things, Rather more concentration on MRTP , few section Municipal Corporation act. So regarding all Land matter we take Maharashtras Land Reveneue Code only ?
 

Which Act you refer for Land matters ? Whether Munnicipal Act in your state gives wider power regarding land to municipal authorities ? Maharashtra entire Land dept. is under state govt. and eventually distributed. We do land workd from Land dept and then move papers to Municipal Corporation /Local govt for getting sanction of Building Plan etc. under MRTP act. Municipal Corporation Act have only emergency power like demolition of illegal construction /dilipilated onstruction. So that time we too have to refer Municipal Corporation Act. 

Do share various act applicable so atleast I can see Index of that Act and see the difference .

Initially I use to refer like common man municipal corporation , dist collector . Now I prefer only to talk on Act and that authority under the act. So I am 100% sure I am in right direction. 

 

 

 

 

 


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