Old tenure land in gujarat_transferred without prior permission of collector
Ashish
(Querist) 08 December 2014
This query is : Resolved
Hi,
My father (Ex-serviceman) got agri.land on retirement as new tenure land. After 15 years of continuous holding AND after converting the land from new tenure to old tenure, he sold certain part of land to other farmer WITHOUT prior permission of collector.(As old tenure land order did not mention such condition specifically.)
Now, a revision order is issued for the same transaction on the ground that "prior permission was not taken".
Please guide what outcome would be there as per prevailing provisions ???
Thanks for the valuable advice. Eagerly awaiting.
CA Ashish Joshi
ROHIT SHARMA
(Expert) 09 December 2014
1. The owner of such land was give as a grant by the govt but this doubt still prevails and your right as of now is on owner ship terms since after the new tenure land has been sanctioned as old tenure by the District Collector. This makes your right to ownership as individual ans is absolute. No need to require prior permission of the District Collector is not attracted to sell such land but it should be sold to only an agriculturist.
P. Venu
(Expert) 09 December 2014
The only distinction between old tenure and tenure is regarding the right to transfer. There is irregularity in the present sale to an agriculturist once the holder is vested with the right to transfer.
T. Kalaiselvan, Advocate
(Expert) 11 December 2014
You may contact the local lawyer well versed with local land laws for a better advise besides the advises of experts above,if you are not satisfied with the opinions given above.
sarang joshi
(Expert) 13 December 2014
Dear Shri Ashish,
First of all, I would like to know that, under which law , your father has received this agricultural land, i.e. Gujrath land revenue code or any other special law.
2) what was status status of your father (it means) under what capacity he received this land or he purchased it from someone.
3) Is your father alive.
4)whether it was a government land before alloting to your father