Requirement for na permission
mohanxxxxxxxx
(Querist) 13 May 2014
This query is : Resolved
CAN PERMISSION OF NON AGRICULTURE (NA) BE GIVEN BEFORE GRANTING SALE PERMISSION U/S 43
OF BOMBAY TENANCY AND AGRICULTURE LAND ACT 1948????
ajay sethi
(Expert) 13 May 2014
academic query . state facts of your case .
mohanxxxxxxxx
(Querist) 13 May 2014
MR X GAVE POWER OF ATTORNEY TO MR Y & MR Z.
MR Y APPLIED FOR NA PERMISSION...
MR Z APPLIED FOR PERMISSION U/S 43...
FACTS - NA PERMISSION WAS ISSUED TO Y FIRST, AND THEN PERMISSION U/S 43 WAS ISSUED. BUT
PERMISSION U/S 43 WAS OF ANOTHER PLACE AND WAS PROVED BAD IN LAW.
MR Y & MR Z NOW CLAIM THAT AS NA PERMISSION IS ISSUED 1ST SO THERE IS NO NEED OF PERMISSION U/S 43???
IS THE CONTENTION CORRECT???
ALSO CAN A POWER OF ATTORNEY HOLDER APPLY FOR NA ON BEHALF OF LANDLORD/SUPERIOR HOLDER/ TENANT????
mohanxxxxxxxx
(Querist) 13 May 2014
MR X GAVE POWER OF ATTORNEY TO MR Y & MR Z.
MR Y APPLIED FOR NA PERMISSION...
MR Z APPLIED FOR PERMISSION U/S 43...
FACTS - NA PERMISSION WAS ISSUED TO Y FIRST, AND THEN PERMISSION U/S 43 WAS ISSUED. BUT
PERMISSION U/S 43 WAS OF ANOTHER PLACE AND WAS PROVED BAD IN LAW.
MR Y & MR Z NOW CLAIM THAT AS NA PERMISSION IS ISSUED 1ST SO THERE IS NO NEED OF PERMISSION U/S 43???
IS THE CONTENTION CORRECT???
ALSO CAN A POWER OF ATTORNEY HOLDER APPLY FOR NA ON BEHALF OF LANDLORD/SUPERIOR HOLDER/ TENANT????
T. Kalaiselvan, Advocate
(Expert) 14 May 2014
POA has been authorised to do all such acts on behalf of his principal hence it is valid. If the permission for NA has been obtained and felt that another permission u/s 43 was not required, why did you go for it ? In my opinion you must follow the correct legal course of action in this regard by consulting a local advocate for his opinion on the subject.
