Clarification on title
muralidharashastry emani
(Querist) 21 October 2011
This query is : Resolved
I purchased one acre land in 1984 on the strength of GPA from GPA HOLDER. The sale deed was registered and later I obtained lay out approved by Grampanchayath in 1984 Dec., and i sold one plot to some one that was registered. I heard some rumors on my land that it is govt., land. I approched MRO office and submitted my sale deed and requested to issue me PAHANI OF 1984-85 and Khasrapahani also requested to up date my name in revenue recrods. They issued khasrapahani with the name of pattadar whom i purchased and not issued khasrapahani stating i have given new survey number and not old survey number. They never mentioned it is Govt., land or Lavoni Patta land I have not received any notice from Department till to date.
In 1994 they alloted my land with some other land to GURUKULA VIDYAPATHASALA I filed a Writ petition on the court stating my right should not be denied.
In the above circumstances do i get any right or not .The verbal contention of the Department is the land is Govt land and is given as lavoni patta only for agriculure and they can take it back any time. If it is purchased transaction is not valid .
Do i get any legal right in above circumstances please explani
emdshastry@gmail.com
Devajyoti Barman
(Expert) 21 October 2011
It all depends upon the nature of the land. If the land is indeed a govt. land about which you were ignorant at the time of purchase then nothing could be done and the Writ would most likely fail.
However if after your purchase the same is acquired by the Govt. for some public purchase then you are likely be adequately compensated for which though separate legal recourse needs to be explored.
prabhakar singh
(Expert) 21 October 2011
perhaps you missed to inquire properly at the time of purchase failing a duty caste on you.
R.RAJENDRAN
(Expert) 22 October 2011
You have mentioned in your query that the lay -out was approved by the Grampanchayath in 1984 Dec.,. It is not known how the Grampanchayath approved a lay-out on the Government land.
Have you paid any tax to the local bodies as land tax and to the Government?
You were in enjoyment of the land for more than 10 years.
You can file writ of mandamus, praying for direction either to compensate you or to restore the lands to you.
M V Gupta
(Expert) 23 October 2011
You have stated that in the Khasra Pahani extract, the name of your vendor is mentioned as the pattadar. It must have also indicated what kind of holding he was having. If your vendor did not reveal to you the nature of his holding or gave you the assurance that the land was free hold with clear and marketable title, and that he was fully entitled to sell the same,you may consider filing a suit against him for damages and compensation. But you will face the objection that it was your duty to verify and satisfy yourself about his title before purchasing the property.
AA RAMAKRISHNAN
(Expert) 27 October 2011
Before purchasing the land you must have done a legal enquiry about the title. From the records as you said, it is clear that the real title vests with the govt. It was given for cultivation as a purpose and the govt. can recall the land as well as the title no sooner they require it. It is evident that the land is required for some public purpose. Your all dealings were illegal as your vendor has no title to sell the land and hence you have no case against the title of the land. Other remedies are open to you.
