Who is the owner of the immovable property
binay
(Querist) 19 June 2016
This query is : Resolved
I am an advocate but today I seek opinion regarding the right of a tenant.
If property is aloted to a tenant and after 37 years of the ROR government say it is government property and issue notice to vacate the Land. Experts please help me
vswaminathan
(Expert) 19 June 2016
OFFHAND
The query of learned Author is said to be concerning 'the right of a tenant'; if so, 'If property is ALOTED to a tenant' needs clarification.For, if client were a tenant, it is puzzling what 'allotment' could mean or is intended to mean.
May be, the eminent Experts could still understand and resolve the query.
R.K Nanda
(Expert) 19 June 2016
Take stay order from civil court against govt.body so as to protect ur possession.
Guest
(Expert) 19 June 2016
I don't know but it must be land given on lease. British govt. have created lot headache of Lease Land .
I visited your profile it seems you are from Orissa.
I read Orissa Govt. had done certain amendment in some act by which on payment of premium /or some amount. Leasse of land where given option to become owner
In Delhi also permission for Lease to become owner in some categories of land they had introduced read some rules and act
In Maharashtra Last assembly session they passed amendment in Maharashtra Land Revenue Code by which lease of Govt land could become owner but rules preparation work is going on. Revenue code is amended
Kindly check all option before taking legal steps .
I read one report in Maharashtra prepared for Govt. and tabled in assembly it said Land allotted by British Govt. is out of control of administration total mismanagement , better all lease land /properties are converted into other class of Land and Govt. should charge for conversion . Govt any how from private land transaction is earning stamp duty . So they felt make it uniform and this Lease problem solved for ever. 50 year 999 years, 99 years. All is headache and joke
Guest
(Expert) 19 June 2016
If it is land check in relevant land laws whether there is encroachment regularization section .
dev kapoor
(Expert) 19 June 2016
Hi
The proposition propounded by advocate lacks precision and answer cannot (as seen above)be given without 'ifs & buts'. If it is Government proprietary land presumably it must be 'on lease'. Certainly according to various States laws, proprietorship is vested in favour of lessees and in those cases civil court will be be within its jurisdiction to grant injunction in your favor against any unlawful eviction.But if still lease persists ownership remains with government and according to terms and conditions of Lease Deed,the government has the right to vacate from any defaulter or on other grounds incorporated in the Lease Deed or guidelines issued by your state Government from time to time in this regard.In that even your long and continuous possession,lawfully obtained but retained unlawfully,will not be protected by a civil court.Think of filing a Writ Petition in HC but not without studying Lease Deed and guidelines relevant in the matter.Take Madh's advice seriously.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 19 June 2016
property laws have changed from time to time comfortably and needs update by lawyer. Confirm if you can become deemed tenancy owner. It is possible that land is given on lease. please check with revenue records authority.Hence lawyer of knowledge in the field requested. Hope u will agree my friend lawyer.
Rajendra K Goyal
(Expert) 20 June 2016
Tenant is tenant, he is not a owner.
He should move for a stay from court to protect his interest.
Dr J C Vashista
(Expert) 22 June 2016
Tenancy and allotment are two different legal prepositions, please clarify how a tenant was allotted the land after 37 years of tenancy?
Discuss with a local senior advocate, who will be better equipped with latest local laws governing the subject matter.
Guest
(Expert) 16 June 2018
Wonder, if it took two long years for Ms. Usha Kapoor to agree with experts after resolving of the query!
Guest
(Expert) 16 June 2018
Wonder, if it took two long years for Ms. Usha Kapoor to agree with experts after resolving of the query!
Guest
(Expert) 16 June 2018
Wonder, if it took two long years for Ms. Usha Kapoor to agree with experts after resolving of the query!
Guest
(Expert) 16 June 2018
Wonder, if it took two long years for Ms. Usha Kapoor to agree with experts after resolving of the query!
Guest
(Expert) 16 June 2018
Wonder, if it took two long years for Ms. Usha Kapoor to agree with experts after resolving of the query!
Guest
(Expert) 16 June 2018
Wonder, if it took two long years for Ms. Usha Kapoor to agree with experts after resolving of the query!
Guest
(Expert) 16 June 2018
Wonder, if it took two long years for Ms. Usha Kapoor to agree with experts after resolving of the query!
Guest
(Expert) 16 June 2018
Wonder, if it took two long years for Ms. Usha Kapoor to agree with experts after resolving of the query!
Guest
(Expert) 16 June 2018
Wonder, if it took two long years for Ms. Usha Kapoor to agree with experts after resolving of the query!
