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assigned land and regularistion VERY URGENT HELP REQD

(Querist) 10 February 2010 This query is : Resolved 
Dear sir, I have selected to buy a house property in 100yrds place for 15lakhs and made an agreement for sale on paying 3lakhs as advance. But we came to know that the same is in assigned land as per latest G.O. The seller is contending us to register the property and it is his problem to make it registerd.

Please advise me in case if the property is registered in my name and in future the same property is under assigned land what would be my liability towards that property. Is there any such process of regularisation and what would be the amount
i may need to pay for PERFECT TITLE. Is there any such clause that i need to surrender my property to the Govt. in case
it is in assigned land. PLEASE PLEASE SUGGEST ME THIS AN URGENT ISSUE SIR.
Raj Kumar Makkad (Expert) 10 February 2010
If the said plot is situated within assigned land then it is a risk for you. Government can take over this land for its own use and in that situation you shall become entitled only for a nominal type of compensation and your whole aspirations and investment shall ruine only due to you insistence to purchase such land situated within such area.

I suggest you to drop your idea to purchase such land and insist the seller to return you the entire advance amount with interest as he is liable for the legal lacunae, if found and the same has found now.
niranjan (Expert) 10 February 2010
As I understand 'assigned land' you mean to say that govt.has earmarked that land for public purpose and in that case the landlord could not have sold the land to you. Confirm this with the govt.authority. If it is assigned for public purpose,you have not to enter into sale deed and ask back the earnest money.If he does not pay file the suit to recover alongwith the damages.
N RAMESH. (Expert) 11 February 2010
Lands belonging to government will be assigned (given) to individuals either at no cost (free) or at nominal rates for some special reasons such as under landless poor scheme or under welfare schemes to schedule castes and tribes. The lands thus given by the government are known as assigned lands. The lands are also identified as conditional patta lands.

Normally while assigning lands, govt would impose certain conditions such as that within certain period (say 5 or ten years) of assignment the lands shall not by alienated.

Order of assignment amounts to sale deed.
In the presence of any condition, the assignee is the absolute owner against all except the government. Even in case of any violation of assignment, only the government can initiate cancellation of assignment after due notice.

so, please verify as to whether is there any condition in the order of assignment.
It all depend on the terms in the order.
Ashok Yadav (Expert) 11 February 2010
Make your query clear. In which state land situates, wht do u mean by assigned land, is there any condition for assignment of land by the govt.
B K Raghavendra Rao (Expert) 11 February 2010
Do not purchase assigned properties. You will be at a loss.


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