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Grampanchayat registration

Querist : Anonymous (Querist) 25 October 2011 This query is : Resolved 
Hi,

My Freind has purchased a land which is under scope of Grampanchayat, but it has a registration under MRO, when MRO's are eligible to do this. Later the registrations for sale and purchase of lands in Gram panchayat has got stopped due to some G.O yet to pass. now the land is under the current seller name in EC. previously it was sold by somebody to him. And now my freind is purchasing the house which is built in that land. for that he has done in the below way.

1. He has paid 85% property value agreed and made a documentation stating that the seller sold it and he purchased it.

2. made another agreement that the balance will be paid once the registration is made and activated in EC (Now EC is not changed as G.O is yet to come).

3. for this all Grampanchayat heads are witnessed. all these was done on stamps and duty.

4. panchayat heads and the special officer replaced gram panachayats (VRO) has given assurance that nothing will happen. and currnet seller is no way related now with the property.

5. We hold all the orignal documents with us.

Now let me know if this valid to own this property.


Raj Kumar Makkad (Expert) 25 October 2011
I think your friend has been trapped. The land might be Common Village Land which is owned by Gram Panchayats but those cannot sale without prior sanction of Director Panchayat. So, the resolution or confirmation of GP has no value in the eyes of law.

It shall be better if a proposal is forwarded by GP to MRO and then to collector to sale the mentioned land and if such proposal is passed by director on specific terms and conditions then only ownership can legally change in favour of your friend otherwise only possession can be delievered by seller to buyer but buyer shall have to face future consequences.
prabhakar singh (Expert) 26 October 2011
i agree with makkad
Sailesh Kumar Shah (Expert) 26 October 2011
Rightly guided by Shri Raj Kumar Makkad.


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