Assigned lands
Samson
(Querist) 18 January 2012
This query is : Resolved
Hi,
i am planning to start an industry in Karimnagar. for this purpose i am in need of land to the extent of 8 acres on lease.
I have finaliased the land, but the problem is the land is assigned land for the SC/ST comunities.
I want to be little cautious while ging ahead with the deal, and i need your valuable advise regarding whether i can go ahead with the lease agreemnet or not.
The Andhra Pradesh (Prohibition of Transfers) Act. 1977 prohibits the transfer of title.. but in my case i am taking the lease for few years and really does not amuont to title transfer.. (i assume.. correct me if i am wrong)..
to the extent i have read the act it does not prohibit leasing of land...
can you please advise if i can take the land on lease and what would be the legal problems that would arise after that..
Regards,
Samson
Devajyoti Barman
(Expert) 18 January 2012
The term ' transfer' does include ' lease' as well as per the provisions of the Transfer of Property Act.
Since it is a State Act , you better consult some local advocate.
Apparently lease seems prohibited though you may go for monthly tenancy.
Advocate. Arunagiri
(Expert) 18 January 2012
You can not take the assigned land on lease. It is prohibited.
Deepak Nair
(Expert) 18 January 2012
For transfer of such lands whether lease or sale, you have to get spaecial permission from the state government. otherwise the transfer, even through lease, is prohibited.
Raj Kumar Makkad
(Expert) 19 January 2012
I do agree with the opinion expressed above.
Shashikant V. Patil
(Expert) 19 January 2012
Also refer, AP land revenue code or AP Land Act if any existed for obtaining permission from State Govt. to have this land on lease basis.
Dr Anil Kumar Singh
(Expert) 19 January 2012
If you want to take land on lease apply to Collector of concerned district for grant of permission for lease which can only be granted after State approval. Experts have rightly advised.
