Satheesh M (Software) 10 December 2015

Land conversion in tamilnadu

Dear Experts,
I would like to have your view/suggestion on below..Thank you very much in advance..

Lady X had 2 acres of agricultural dry land in a village in tamilnadu state(more than 30+ years this land was used and identified/was registered in govt records as a agri purpose dry land).

In the year of 2004, X had given 3 cents to 'her daugther,Y ' and 'daughter-in-law,Z' thruough a gift/Dhana registration.So,X did hold '1.94' acres of land from there on.

Recently a month back, X gifted the entire 1.94 acres (through 2 different registrations) to her daughter 'Y'.At the time of registration (a month back),They have been informed as the dry land type has been converted as the residential purpose land (Not only the 3+3 cents registered on 2004, but also the entire 1.94 acres).

Now, what is the procedure to change the type from village residential purpose land to a dry land (as it was until 2004)?

Field local experts are confidently saying that there is no such example and cant change the type here in after.

Note:
Y or Z or X have not used single sqft for any type of building construction and Y (who is the ultimate owner of 1.97 acres through 3 different registrations) prefers to continue this land as a agri land for at least next 2 generations.I very well understand that no one can stop her from using for agri purpose, but considering worth to do it for various reasons.

Thank you, Satheesh

Reply Follow

7 Replies

Adv. Yogen Kakade (+ 91 9225510883) 11 December 2015

Hi, As you have mentioned that the land has been already converted to residential zone. Then what do you want to know.

If you want to confirn whether it has been converted or not.. then you can collect the zone certificate from the revenue department of your city and if the land is in the jurisdiction of the municipal corporation then you can collect the colour map of your property.. different colours in the map or layout describes it's zone or you can also check the DP (Develpoment Plan) of the property.. It shows the future plans of the Govt.

Adv. Yogen Kakade

Jurycon Incorporation

Advocates & Consultants

Email: juryconincorporation@gmail.com
Web: www.juryconn.in

1 Like

Satheesh M (Software) 11 December 2015

Dear Mr. Yogen Kakade,

Thank you very much for your responce.Actually, the conversion of DRY land type to residential was unexpected and did not aware until last month.I am looking for the ways we can convert it back to agricultural land in government records.

Sorry If I confused in my question.

T. Kalaiselvan, Advocate (Advocate) 19 December 2015

You have to verify that who applied for conversion, if nobody from your side has applied for conversion, you may give an application for reverting the status of the land to its old status, if the authorities refuse to do so, then you may file a declaratory suit to declare the status of the land to its original status by impleading the authorities as defendants.

1 Like

Satheesh M (Software) 20 December 2015

Dear Mr.T. Kalaiselvan, thank you very much your time and info. I have verified that this conversion was effective from 2004 (During the registeration of 3 cents from X to Y & Z).Also, the conversion was not requested from X (who is my grand mother and the owner of the rest amount of land 1.94 acres until last month).

Have couple of questions here..

if nobody from your side has applied for conversion, you may give an application for reverting the status of the land to its old status : Where do we need to apply this? Do you mean 'in the corresponding 'Registerer Office' ?

if the authorities refuse to do so, then you may file a declaratory suit to declare the status of the land to its original status by impleading the authorities as defendants.: Does it requires to prove that we approached the authority through official formal request and that's not taken care?

Regards,

Satheesh

T. Kalaiselvan, Advocate (Advocate) 20 December 2015

Dear Mr. Satheesh,

For filing a declaratory suit you reuire a ground, that is what it is. You have to apply for revert with the land revenue department at the Collectorate who will express their inability at this stage, after that you can approach court. Under this a legal notice u/s 80CPC can be waived.

1 Like

Satheesh M (Software) 22 December 2015

I understand, Thank you very much for the detailed steps Mr.T. Kalaiselvan!!