11 December 2018 at 17:15

Regarding gram shabha land

Dear Sir,

My Father bought a land in year 2007 which was given to one ST as patta but now the dispute has been filled by third party and SDM has given verdict to put that land in Revenue. We have filled the case in revenue board to get stay on the judgment of SDM. Is there a way to get that land as our house is built there. Can we go for land exchange or ask to revenue board to take the Market price of that land?


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Our house is under Lal Lakir (Dora). My father (deceased) were 4 brothers and one sister. The whole house was parted in portions. But one of my uncle (Deceased) who never reside with us, his half share is taken by another uncle ( Alive) and transfred the share to his Son's name in 2008. According to him no mutual partition deed is written. Now my query is that
1) The property under Lal Lakir need the partition deed or not
2) If yes then how the property is transfered to his Son's name without the signatures of others

3) Now as in this property there is no share is kept for my Uncle and bua ji. What action we can take to cancel the sale deed.

This house was allowed to my grandpa after country partition .

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27 November 2018 at 20:16

Mhada NOC

how to apply for mhada NOC if society is not firmed for resale property purchase

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Hi, I have a query as follows...which needs a detailed clarification from you.

We intend to construct a Steel re-rolling mill in 2008 (non-operational now) and approached all concerned departments for necessary approvals. Although receieved all NOC certificates including DTCP/BDO/LPA approval for "Planning permission & Building lincence for Industrial building" after paid all necessary development charges to Local Planning Authority & DTCP (in 2008); the classification of land not been converted, yet.

When we approach DTCP, they said that area comes in non-planning area (Sivaganga Region), which is not in their jurisdiction as they not able to name the Zone as "Industrial". Parallely, we approached Revenue department as well & they also said that they dont have powers to convert as "Industrial" but the local Tahsildar given a Certificate marked that the land is "Dry Land & Not an Agri Land". But the A-Register/Adangal shows only as "Punja Land" where it not solves the issue as the Land Classification in Encumbrance Certificate of TN Land Regn. shows as "Agricultural Land".

Hope you aware that, recently, our Govt passed a G.O. to Change of Land use from Agri to Non-Agri purposes (2017) but it seems for new development. But we already got all development approvals in 2008 itself.

So, I kindly request you to let us know how to change the land use as "Industrial" from "Agri"? Because, none of the "Banker" is not willing to fund Industries, which falls in Agricultural areas.

Thanks in advance.

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I request expert views on the below query.

Principal (Absolute land owner) executed a sale agreement for 16.50 lacs in 1993 and subsequently executed a GPA to the same person to sell his land as residential plots. At the time of execution, land owner got 5.00 lacs as advance from GPA holder. This GPA was unregistered but notarised. Since GPA holder failed to make balance payment of 11.50 lacs, land owner cancelled GPA through Notary on 06.05.1999. He has also published notification in local news papers about GPA cancellation. But GPA holder sold the plots on 06.08.1999 to third parties. Having known this, land owner filed a civil suit and later both compromised to ratify few plots through Lok Adalath.

The plot which I bought as 3d transaction from land owner was not ratified in his compromised settlement. Now my queries are:

a) since GPA sold all the plots after cancellation, the transactions of GPA becomes void/null? If so how can I cancel 1999 transaction reflected in EC. Land owner sold the same plot in 2001 after Lok Adalath settlement to third party

b) now GPA holder says he will bring 1999 buyer and execute a cancel deed. When 1999 transactions are invalid as he registered after GPA cancellation, on what authority 1999 buyer can execute a cancel deed now?

c) Without involving 1999 buyer, GPA, land owner, can we cancel 1999 transaction as we have a documentary evidence that GPA registered plots after GPA cancellation and through their Lok Adalath settlement, land owner not ratified my plot? If so what is the procedure? If we have to file a civil suit, how long it will take to get a decree since we have all documentary proof with us.

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14 November 2018 at 19:22

Challenging an old entry of 1944

there were 3 brothers A,B, C,.Mortgage deed was entered between A and B , A mortgaged his undivided 1/3 share amongst the property bearing of nashik, the mortgage mutation entry was entered in the other rights column of the joint family property being 743A , after partition deed the joint property was divided in between these three brothers and 1/3 portion to each brother was confirmed .the mutation entry on old survey number was shifted to new survey number 743A/1,which is purchased by us in the year 2009, from C. now the legal heir of B creating problem to us and claiming ownership, how the entry be challenge and removed.
please guide us we have file application under section 155 of MLRC but no reply.

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Dear Sirs,

My Grand Father was being assigned piece of land by Govt. in 1956, Currently this part in in Telangana state, He was in possession of the land and was doing agriculture till his death in 1996, post which my father and his elder brother carried on agriculture on the same land they both had applied for Patta Passbooks and MRO has issued the same on both of their names. Now both (Father and his elder brother) are expired in 2015 & 2017 and also both Mom and Big Mom also expired. Now, there are 9 children (5 boys and 3 Girls) as Legal Heirs,
1. Can we take possession of this property?
2. what will be the status of land after assignee expires? will it be still considered as Laoni Patta, as the assignee is expired and so as next generation? will it become a Patta Land after two generations?
3. Can the grand children apply for mutation of the land and Sell the land?

Await for your guidance please.

B. Kumar

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20 October 2018 at 21:30

Transfer fees

Hi,I bought one flat 2 years back .In sale agreement there was one clause stating clearly "seller is liable to pay any maintaince dues,electricity and transfer fees to society".After we entered our new home ,Builder left society and we came to know that he handed all reponsiblity of society to a local man who reside in our society and is also a agent.
After few months ,That guy started managing responsiblity of society like water ,maintenance other stuffs.He also starting selling flats that were unsold before builder left.
Now he is demanding transfer fees from us.What should i do in this case.I had already showed him my sale agreemnet that seller is liable to pay transfer fees because we had that in clause of agreement.Seller is no more in this city and neither he is picking call.What legal actions should i do because that guy whom builder had handed over society is threatening to stop our water faclities. even if i am paying maintenence fess of society from last 2 years.
Please solve my problem with legal solution
1.Am i eligible to pay transfer Fees?
2.If yes then whom should i pay,Builder is nowhere and that guy dont have any proof of his position if he is chairman or secretary
3.If the seller is liable to pay and he is not available what should i do
4.Guy is threatening to stop our water and electricity connection can i take a legal action against him..even if i am eligible to pay transfer fees?
5.What documents should i demand to know that guy is real responsible person(chairman/secretary) of society

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Dear Sir/Madam,
We Purchased unapproved Plot 1800 sqft in Sivagangai in 2015 from a real estate company, (our Plot in a layout which consists of totally 10 plots). We have given full money for that Plot (we have evidence for the paid money) except only registration was pending. While Buying, the owner promised that before registration, he would get approval for Plots. Due to some family issues we didn't register while all other 9 plots buyers have been registered in 2015 subsequently. The owner did not get approval for any of the plots as he promised. We are the only plot was not registered and while we approach for registration, by the time, the court put stay order for registration of unapproved plots. Currently, The government issued G.O which allows the unapproved layouts and plots to get registered after getting approval of the layout/Plot. To get approval for the layout, as per law, 10% of the total area of layout to be allocated for OSR (Open Space Reservation) whereas to get approval for the individual plot, there is no need to allocate 10% OSR (but Previously OSR to be paid as money to get approval for individual plot which has been removed as per the G.O. amendment), but now only Regularisation charges & Development charges to get approval for individual plot. Since all other 9 Plots in the layout has been registered before the stay order, it would be considered as individual plot (no need to allocate 10% of OSR area) whereas only our plot is not registered, the officials strictly told that 10% of our Plot area (180 sqft) to be allocated as OSR in our Plot to get approval. The owner is expecting us to provide OSR from our side. In this situation, We are ready to accept approval charges, but we are not ready to allocate 10% OSR in our Plot which is actually to be allocated by the owner at the time of approval of layout. Do we have right to claim against the owner that OSR to be allocated himself? Can we claim the money back for OSR area...Now, what we could do? Pls guide me.

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08 October 2018 at 14:03

Cancellation of registered sale deed


Can anyone advise me on my below mentioned issues:

a) "A" was the absolute owner of some residential plots. A has given GPA to "B" and accordingly "B" sold few plots to individuals. One of indivual named "G". In 1999 G has become one of the plot owner through registered sale deed by GPA "B".
b) In 2000, "A" filed a civil suit against his GPA "B" and in 2001 settled their disputes and "A" has ratified few registrations done by GPA in the settlement which was apporved by local civil court. In this settlement, "A" though ratified few registrations, the doc. no. registered for "G" not factored.
c) In 2001 "A" sold the plot already in the name of "G" to "R". "R" again sold this plot to "L" in 2004. In 2014 I bought this plot from "L". Now when I tried to sell, I have noticed 1999 transaction in the EC. I approached "L" and "R". "R" said sale of "G" got some settlement, hence "R" bought the same from "A". But documents towards that settlement or cancellation of sale by "G" tthrough GPA is unable to trace.

My concern is :
a) in the absence of such settlement copies between "G" and "A", how "R" bought the same plot. Here twist is that "R" was one of the witness for "G" in 1999.
b) If "R" or "L" is able to get some documentary evidence, how can this be reflected in EC
c) If I want to cancel my sale deed with "L" what is the procedure I should follow to get my money back from "L"
d) I could notice this 1999 transaction only when I tried to sell now.. Hence can I file a suit now as it is more than 3 years since I bought the land from "L". If not what alternative I have ?

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