advyogeshpatil 26 September 2015

Advice

Dear learned respectables

I sold my freehold land to a tribal person in the year 2005 under a moneylending transaction. After the repayment of entire money advance alongwith interest, the tribal person executed the sale deed of the same land in my favor in 2011.

Now the question is whethere the permission from The Collector need for such freehold land transaction u/sec. 36 of M.L.R.C.1966?

whethere the freehold land purchased by the tribal person comes under the definition of occupancy defined under the MLRC?

Pls advice.

Thanking You.

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2 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 26 September 2015

1. Land allotted to a Tribal for "self sustainance" is NOT "Free Hold Land" and hence competent authorities procedure and permission is required to convert it to "Free Hold Land", which then becomes freely saleable and transferable, to ANYBODY.

2. IF the Land is already classified as a "Free Hold", on revenue records, THEN the collector has no lawful jurisdicition to grant permission for Sale-Purchase, irrepective of the Seller /Purchaser being a Tribal or a non-Tribal. Check Revenue dept Form no. 6, of the Land, to know the actual status of the Land.

Keep Smiling .... Hemant Agarwal
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Sandeep Sharma 27 September 2015

Regarding Missing Intkal

I had bought a flat in 2008 and the same was got registered in joint name of myself and my wife. Intkal was got regietered in the Patwari office. Now, just few days back, I wanted a loan and the bank required 15 years record of the property i.e. clear title. When I approached the concerned Patwari office, I came to know that the Intkal was never got registered in the name of the previous owner from whom I had purchased the flat. The previous owner had purchased the flat from the builder and got the same registerd in his name but did not get the Intkal registered in the concerned Patwari office. When enquired, it was found that when we got the flat registered in our name, the Intkal submitted during registration of flat was of original owner. Thereby, the chain for last 15 yeras was broken and bank says the title is not clear. Presently, the Intkal is in our name. Please advice on how can we get the clear title of the property. If there is any solution, please advice.