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Ancestor's land

(Querist) 28 April 2012 This query is : Resolved 
our family had 'Inaam' land ( type of ownership -2 ) since old days. For many years it was in the name of my grandfather. I would like to know -
1. Does 'Inaam' land fall under Kul kayda ?
2. The 'Kul' has got the land transferred in their name in 2007 without our notice under '32G'. Is it legal and valid.
3. Later 'KUL' has sold the land in 2008.
4. Can we recover the land in this case ...

The area is Kolhapur.
Please advice.
SAINATH DEVALLA (Expert) 28 April 2012
INAM LANDS CASE BEFORE SC
1979 amending act takes away jurisdiction of District Courts to confer occupancy rights over inam lands and gives to Land Tribunal.
The Kul cannot transfer in his name without the approval of the revenue department.Hence if he had not taken the permssion,it is not valid.He cannot sell also.

If you are in possession of the details of the land contact the revenue department,for the status.

Deepak Nair (Expert) 28 April 2012
Inaam land and kul kayda are different.
In Kul kayda, the tenant gets the land which was cultivated by them.
prabhakar singh (Expert) 28 April 2012
1. Does 'Inaam' land fall under Kul kayda ?
NO is the answer.

2. The 'Kul' has got the land transferred in their name in 2007 without our notice under '32G'. Is it legal and valid.

NO is the answer.

3. Later 'KUL' has sold the land in 2008.
ANSWER:
The buyer can plead bonafide purchaser of value.


4. Can we recover the land in this case ...
ANSWER:you can file suit subject to law of limitation.But but is a BIG but"The buyer can plead bonafide purchaser of value."
bhagwat patil (Expert) 29 April 2012
If 32G procedure is not completed and 32 M certificate not issued by tahaslldar the tenant cannot sale the land to the bonafide purchaser also, but you cannot recover the ownership of the land you can start litigation and arrive unto compromise.for details send the scanned copies of all 7/12 and ferfar entries over from 1950.
Shonee Kapoor (Expert) 04 May 2012
Nothing left to be added.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com


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