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Prasad (PARTNER)     18 July 2014

Registration - land acquired by govt

We sold 6 acres agricultural land in 1970s by a registered sale deed. Out of this we bought back 3 acres by way of a unregistered deed in 1985. We bought remaining 3 acres now. We want to get a registration done now.

However, govt acquired 1 acre land twice (1+1 acre) for digging a canal there. They used only 1 acre not used remaining one acre and they are not going to use it. All through this land is in our possession including one acre which govt not used.

Now we when we are register, we can officially register only 4 acres. But we have to get the one acre back from govt. In the sale deed which we are going to draft how to include this? i.e the seller should and would relinquish the right (if any to claim back) to us and then we get it released from govt. How to put it in the deed? Can you please give some inputs. Thanks.

 



Learning

 1 Replies


(Guest)

1) When Land is acquired by Govt. it is done under The Land Acquisition Act 1894 ( Acquisition till 2012). When Land is acquired ,Collector gives Award , and latter possession is taken. After possession is taken , it is Govt land (or any local govt etc, which it is transfer ) , you don't have any right to deal with that Land. You need to check the award and measurement extract to check which and how much land is taken. Person who is owner of Land is awarded compensation at time of award generally and he only can claim the amount unless there is dispute which is refer to court (which is called court reference). 

2) Declaring award is one thing , taking possession is another thing. After taking possession Land Acquisition officer gives Possession certificate writing that possession is with Land acquisition officer. 

3) There is also provision of Temporary Acquisition in the act for three years and specific award is given

This are the basic of it 

In your case , you need to do  following  things as follow
1) Get the certified copy of award from Land acquisition officer . Get the possession certificate from him. Get the measurement extract from it

2) Once you get all those things you will have picture who is owner of the land at present , who has the possession of plot on paper. 

3) You will also know whether ,it was temporary acquisition or permanent.

4) This all papers will make picture clear of the land.

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Last thing there may be some individual state law which may also affect your specific case but overall things are same .

 

 if you get papers  you may revert back to me , here or personally at kmadhu786@gmail.com 


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