vikram (assistant) 10 March 2016
SIr - I am planning to buy a Row House built on Agriculture plot (3500 Sq Ft)near panchgani ( Maharashtra). 7/12 extract says 'Devsthan' on it. Eventhough it is Devsthan land, I can see many bunglows, hotels are built near by.
1. Can we buy legally such plot/Agri Land. ?
2. I heard that Collector NA is not required for Deosthan Land, what is the law/fact ?
3. what are Do and Dont dos while purchasing such land..
Please advice.
Vikram
dr g balakrishnan (advocate/counsel supreme court) 12 March 2016
visit the relevant charity commissioner's office and ask them what you need to do to buy that land, accordingly proceed.
@ Vikram
First I will clear myself only. Regarding Devasthan Inam land etc. myself intersted to study. I have all Acts of Maharashtra and this act was in my list to study in comming days. So honestly for academic purpose I wanted to show interest regarding documents etc. of it , in detail.
I think you are talking about Devasthan Inam Land etc. Don't go by surrounding etc. because you are investing and if you can not remove investment legally again you may be in problem . So better give me some time.
I want to examine Land 7/12 if possible if you feel so you can show . Land titile examination is different art and science , although bit complex still with available study I can study further and tell you.
Where you stay . Myself located in Thane , Some time in Pune . Or need to discuss this title in detail with you
Please revert back :)
Just now remeberd there was old forum , In Lawyers club regarding Devsathan land.
I think such land transfer require permission of appropriate authotity. It just can not be transfered or sold at will by anyone. Additionally I suppose it is unallieneated land , that is now they have transfered the land eventually under Grant of Land Chapter under Land Revenue Code.
Such land require permission of Revenue Dept. Collector + Charity Commissioner etc.
There was one case mentioned in Lawyers Club long back , it state that Devasthan Inam land they wanted to transfer because land was not useful or required etc. So they had to move upto Supreme Court against Govt. etc. Then there was some settlement and compromise.
I need also information who is selling Land ? and under which authority ?
I won't give this land clear title easily inspite of my very limited knowledge in this subject. Require detail study . Don't give money without checking
I had to read and again put some points
1) Traditionally before indepence or merger of princely state, Devasthan land was given in Name of God .
2) This Land Poojari etc. use to take care in name of God and then such land transfered from one poojari generation to another
3) After Independence when all abolition etc. started this land Devasthan Land restricition was there that it can not be transfered without permission of Collector etc. but people are not under control and they have done many transcation.\
4) Additionally to make it straight various ammendment in law they have brought They are in process of introduciton in this Assembly session of March 2016.
5) I strongly believe some one is selling land , without proper authority or permission .
Additional it came in my mind. There are also chances that this religious land /religious temple etc. must be registred with Charity commissioner under Maharashtra Public trust act.
If my imagination is correct (Imagination only because no document seen , nor details are there) If it belongs to Trust or some way Maharashtra Public Trust act touches the land then , the procedure are that Public trust land have to be sold or transfered with Charity Commissioner permission and Whether Objectives of trust whether is achieved by such transfer or not is seen as main thing.
Now some may doubt my competency in devasthan land , I accept my limitation here at this stage. But this people I have seen do some kind of changes as per their mind legally and there are or create complication. Like If such religious institution due to some reason has formed Public Trust in 50's due to some reason , their children ignore such trust and claim we are ownly owner and do transcation. Now Once Trust is formed it has to follow Maharashtra Public Trust Act , So looking at person idea and interpretation they keep on changing some thing legally /illegally of such land confusing others . So it has to be exhamine in detail what exactly is reality of land.
There are two main types of land in Mahrashtra Land Revenue Code 1966 - Alieneated Land and Unalienated Land.
Alieneated Land --- Govt have no claim
Unalienated Land - Govt have claim (Except Class 1 all land require permission for transfer)
I believe this religious Land which where given before Indepenence or Merger of Princely state are now under Unalienated Land , And Govt. have some rights on it , And that is why they have purposly mentioned "Devasthan" no Alienated Land has any such kind of remark on it.
DNA News Paper cutting
Sun, 27 Mar 2016
Temple land scam: Government forms seven-member committee
After several reports of huge corruption and land scam at some of the big state-controlled temples in the state, the Devendra Fadnavis government has finally constituted a high level committee to prepare a status report of the entire Hindu religious landscape of Maharashtra with also defining government's role in managing the land parcels under possession of temples.
The seven-member committee headed by the revenue secretary was set up on March 23. The committee has been asked to submit its report within three months.
The panel has been entrusted with the two major tasks. First is to study and prepare a status report of all the land parcels under possession of state-run temples across Maharashtra and suggest a comprehensive plan to tackle the issue of encroachment and illegal transfer of the land. And the other is to prepare a status report of the land parcels of the temples in urban area and suggest ways for proper usage and management of these properties.
The government is also mulling over to amend the Revenue Act of 1966 making it more powerful to curb the malpractices of charity trusts. The development is being considered as a first step towards a major reform in the way temples in the Maharashtra are being administered.
The state controls more than 4,000 temples in the state, including all major temples like Shirdi, Siddhivinayak, Pandharpur and Mahalaxmi temple (Kolhapur). Most of these temples are accused of corruption and land scams. Huge land parcels which belonged to the temple trusts since centuries have been reported "missing" of late thanks to the illegal land transfers to private parties and encroachments.
Activists blame it on government's failure and political intervention. The temple land can't be sold unless there is a specific instruction from the government. However, it can be rented out to schools or other social welfare work and can also be leased for agriculture purposes.
Hindu outfits had led a huge demonstration in Kolhapur a year ago "against the corruption in temples" and seeking CBI inquiry and freedom of temples from "government clutches" to clear the mess.
The outfits allege that the government-run "Pashchim Maharashtra Devasthan Samiti" which is based in Kolhapur and controls 3,067 temples in three districts of Sindhudurg, Kolahpur and Sangli, has lost over 8,000 acre land of land to the mafia and encroachers.
They also allege that the Pandharpur temple had got over 1,200 acre of land over several decades from donors, but the trust had no land under its possession when probed.
"A PIL was filed in the high court following which 352 acre of the land has been recovered and returned to the temple by the end of 2014," says advocate Vijay Ichalkaranjikar, president of Hindu Vidhigya Parishad and the petitioner in this case.
He also alleges that more than 800 acre land has been "disappeared" from Tuljapur temple as well. He says: "A PIL was filed at Aurangabad High Court which forced the government to probe the matter. Interestingly, the report prepared by the revenue department in 2009-10 was "misplaced" by the law and judiciary department."
He added: "Such land scams not only expose how government machinery functions but also devoid the temples from huge sum which could have been generated through the lands."
Revenue minister Eknath Khadse and chief minister Devendra Fadnavis who holds law and judiciary department couldn't be reached for comments.
Vivek Nair 11 January 2018
If your 7/12 extract says Devasthan land (A B K) then the title rests with the Devasthan Inam land governed by the Hyderabad Atiyat Inquiries Act 1952 and various other provisions of Revenue Code, Maharashtra Public Trust Act etc.
Devasthan land after independence cannot be sold only leased for Civic purposes and revenue so generated to be used for Temple Upkeep including salaries of Pujaris etc. Leases can be renewed by permission of local devasthan authorities in line with the above-mentioned act but I am sure residential usage is not one of the allowed uses, so those houses you see around are in contravention.
Now on 10/01/2018 the Maharashtra Cabinet approved an amendment to HAI act 1952 which allowed it to sell Devasthan land for Public purposes including raising funds and infra projects (which I personally feel is wrong and colorable legislation as no such provisions exists to take over Christian or Muslim religious owned lands). Coming back to the topic even under this amendment the use you intend doesnot qualify , do seek clarity from the seller about under which provision has the land been developed but the title will never transfer you will always hold lease hold interest.
Disclaimer: the above opinion may not be relied upon for legal purposes, only for information. I am not qualified to give legal advice.
Rohan 21 October 2018
Dear Vivek Nair,
Where can I get the amended copy of Hyderabad Atiyat Inquiries Act 1952 on 10-01-2018 by Maharastra Government.
Regards,
Rohan
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