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aditya (Manager)     02 October 2013

Dakhil kharij of land

I have purchased land in 1999 in UP. This land was belonging to Gram Sabha in 1973s in same year land was auctioned by Gram sabha to generate revenue for gram sabha hence auction done and came  in favor of Mr A in same year sale deed done by Gram sabha on the name of Mr A, accordingly SDM ordered for dakhil kharij in favor of Mr A. Now khatauni of this land have the name of Mr A but also written aabadi and land type 6B akrashik bhoomi in khatauni. In year 1978 this land was sold to Mr B via registered sale deed. In 1990 Mr B appeal in district Court by making party gram sabha as gram sabha putting pressure on him to release the land, in court judgment it was clearly mentioned that this land belongs to Mr B he is owner (Tanha Maalik) of this land. Mr B unfortunately did not go for dakhil kharij of this land and died in 1997. After his death his 3 sons sold me this property to me in 2000 and accordingly registered sale deed was done on my name and they have also given succession certificate.  Now last month I have done application for dakhil kharij and get summon for this month for dakhil kharij......Now I have certain queries on which I will appreciate comments of experts....1) will I get dakhil garij on my name (ownership of Land on my name) as in khatauni land is still showing on the name of Mr A and still showing land type 6b akrashik bhoomi and aabadi 2) What actions I have to take further to get ownership of this Land.   REGARDS ADITYA 



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 2 Replies

Daksh (Student)     02 October 2013

Dear Aditya,

Your problem is more that of administrative in nature than that of legal.  It is a settled law that entry or non entry of a particular immoveable property (dakhil kharij) does not convey or act as estoppel in ownership of the land.  In the instant case being a lawful successor of the property in question a valuable right has accrued to you to get the same mutated in your name.   If for some reason previous owner has failed to get mutated his name in the revenue record that does not means that he ceased to become owner of the land and he was very much within his right to sell and convey the rights and interest of the same to you or anybody else.  In the instant case take help of some expert in revenue matters who will guide you to draft representation for the same.  Hope this clarifies.

 

Thanks and best regards

 

Daksh

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aditya (Manager)     03 October 2013

Dear Daksh ji Thanks for your advice, dear i have small confusion whether Gram Sabha Land can be transferred to any other party or not. Though in my case there is court judgment in favor of Mr B but many other expert also says that Gram sabha land can not be transferred or sale to any one. I will appreciate if you can put some light on same. Regards Aditya

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