deed made out / paritition decree purchase
San
(Querist) 30 June 2011
This query is : Resolved
My friend recently got a partition suit decreed in her favour. She(my friend) has a two brothers and a sister. So each of them 1/4 of the ancestral property.
All of the ancestral property ( in partition suit above) has been notified for aquisition by city development authority and no sale transaction is possible now.
The said property is agricultural land.
I would like to purchase my friends share( 1/4th ) of the property. I am planning to this by having the deed made over to my name from my friend.
Question :
1) Is this legally valid.
2) Is there a better way to do this.
Guest
(Expert) 30 June 2011
you can purchase the land. but title will not transfer to you. only the interest in the property by acquisition can be transferred. i.e the compensation amount . Moreover the transaction is void as per the land acquisition act.
Advocate Bhartesh goyal
(Expert) 30 June 2011
Better you do not purchase the questioned land.Title will not pass to you. After notification the transaction will be illegal.
R.Ramachandran
(Expert) 30 June 2011
I am quite amazed that in spite of knowing that the property in question has been notified for acquisition, still you want to buy the land in question. I really do not know your intention. If you have lot of money to waste, yes you can purchase. If it is your hard earned money and want to preserve it, better follow the advice of Mr. Ganesan andMr. Bhartesh. Do not buy the land.
Raj Kumar Makkad
(Expert) 30 June 2011
I have similar answer as of Ramachandran.
San
(Querist) 30 June 2011
Dear Experts,
Thanks for your opinion. From the comments above, I understand that there is big risk, I can legally purchase the interest in the property, but cannot get the title transferred as of now. Few clarifications and further questions:
1) Compensation from development authority is a portion of developed land. That is the reason for this thought of purchase. Will title of this portion of the developed land transfer directly to me from the authority or through my friend ?
2) In the event of cancellation of acquisition notification, can I get the title transferred to my name.
3) Can an agreement for purchase of interest in property, like this one, be registered in govt registrar office ?
bhagwat patil
(Expert) 01 July 2011
No. Not at all.only you can register MOU for compensation in terms of rupees., the allotted land aagain will go her and you have to register it.you cannot purchase what seller does not have today by way of registration you can make agreement to sale of future arising right and that should be concrete one.
San
(Querist) 11 July 2011
Dear Experts,
after some careful investigation I have found out following:
1) Land acquisition act 1894 allows a sale transaction with the permission of the Collector/Deputy commissioner.
Please refer: http://dolr.nic.in/hyperlink/acq.htm ( section 24, clause 7).
2) The compensation will be awarded to the buyer, if prior permission is taken from DC/Collector
3) The authority acquiring land, in this case Blore development Authority, has mentioned in preliminary notification that "under Land acq Act 1894, any transaction with out express permission from Deputy commissioner, will not be considered in awarding compensation". Please refer to http://www.bdabangalore.org/Nagavara%20PN.pdf
From above,my understanding is that I can go ahead with purchase as long as I have written permission from Deputy commissioner land acquisition. Please correct if I am wrong.
