Assigned lands
DARISI GURU PRASAD
(Querist) 20 October 2011
This query is : Resolved
Can the Government assigned lands be gifted? or not? please specify the provisions which enables?unables?
Arun Kumar Bhagat
(Expert) 20 October 2011
It all depends upon the clause of assignment deed.
Raj Kumar Makkad
(Expert) 20 October 2011
In many States, such assigned lands cannot be further disposed off for a particular locking period whereas in some other states, there is no such boundation so better to see the scheme of relevant state.
jatin sharma
(Expert) 20 October 2011
its depend upon the conditions mention in the deed.
prabhakar singh
(Expert) 21 October 2011
Both clauses in deed as well as of law in state will govern the problem posed.
Sri Vijayan.A
(Expert) 21 October 2011
I agree with the experts.
Most of the cases, the government may impose certain conditions restraining transfer.
However, the conditions shall be for a specific period only.
The conditions or bar on transfer for a long period or more than a generation shall not valid.
So go thru the assignment order, compare with the status of the assignee.
Then you can come to concluded decision.
Harshada Shukl Kulkarni
(Expert) 22 October 2011
Dear Mr. Prasad,
Basically Assigned lands means lands assigned by the Government to the land less poor subject to
the condition that they should not sell or gift those lands to others. The lands which are allotted or transferred under land ceiling are also considered as assigned lands. Transfer
includes any sale, gift, exchange, mortgage with or without possession lease or any other
transaction to other persons.
However, as has been suggested by the other experts, it differs from state to state. Therefore, you need to specifically mention the state in which the case falls so that more light can be thrown. Needless to add that logically also, if the land is assigned for a specific purpose of helping the poor then the same should not be transferred to some other person for any reason as otherwise the entire purpose of assignment by the Govt. will be meaningless as it is a protective legislation and it is
meant for the protection and benefit of the genuinely landless poor persons.
Request you to pls. provide more details so as to answer you properly.
Devajyoti Barman
(Expert) 24 October 2011
It would depend upon the terms of the deed of assignment.
Generally initially there is bar for few years after which it becomes freely transferable.
