Sec 43 of b.t.a.l.
Adv. khojraj Dhanraj Nerkar
(Querist) 31 July 2013
This query is : Resolved
No doubt about permission is requried for the transfer of land purchased or sold under the B.T.A.L. Act,
my qury is as follows
on 27/07/53 Mr. X is tenant on Y's land (in Maharashtra) and name of Mr.X is mutated int the other rights collumn of 7/12 extract,
however on 17/12/1963 though X was still tenant Mr. X (the tenat) purchased the said Land from Mr. Y vide a Registered Sale Deed and with considaration of Rs.1500. it is specifically mentioned in the sale deed that, Mr. X was the tenant and was having possession on the date of the said Sale Deed,
in the mutation of the said Sale Deed it is mentioned that, Land has been purchased by tenant.
Now whether section 43 B.T.A.L. Act applies to the said land also?
(there is mutation to the effect that "land is subject to the provision of Section 43 of B.T.A.L. Act" is there in other rights collumn of 7/12 extract)
R.K Nanda
(Expert) 01 August 2013
read said act carefully.
Raj Kumar Makkad
(Expert) 05 August 2013
Section 43 is applicable in the given case and even the comment has already been mentioned in the mutation against such sale.
