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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T. Kalaiselvan, Advocate (Advocate) 02 October 2013

You are eligible to apply for transfer of revenue records of the property on your name on the basis of the documentary evidences in your possession. Please apply for it and in case you the authorities refuse the issuance, approach the court seeking direction directing the Revenue authorities to issue with the documents sought for.

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aditya (Manager) 03 October 2013

Dear Sir

Thanks for your advice, Sir 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

T. Kalaiselvan, Advocate (Advocate) 03 October 2013

Mr. Aditya,

There are certain clauses governed by and to be followed by an allottee when this type of land was allotted to him, in that, if you see to the clauses printed on the original allotment letter, you may find certain conditions say for example, you may not alienate the property to any third party for certain years of period and in case of death within the stipulated period, the legal heirs will inherit the property, who can subsequently dispose the property in the manner prescribed thereon, hence please go through the original contents, if you dont find one, ask for a copy from the Gramsabha, get yourself cleared of all the doubts and proceed as instructed thereon.

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