Grant land


Hello Sir, 

My concern is one of the land is granted to my grandfather by govt who was cultivating the land, the land which was granted is the self acquried property & has the rights to make a will on this grant land,

Please advise on this..

 
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subregistrar/supdt.(retired)

No.  Your grandfather can enjoy the property till his alive. After him, you have to again apply for the grant of the land with the required documents.  Consult in District Collector's office concerned.

 
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ha21@rediffmail.com Mumbai : 9820174108

1.  By virtue of the "Govt. Grant of Land", which is for self-sustenance of the allottee, the allottee (Father) has irrefutable "Tenancy" rights, BUT does not become "Title Owner" of the Govt. granted Land.  Hence Father CANNOT Sell /Gift /Will /Mortgage /whatever .... this govt. land.

2. HOWEVER, "AFTER" demise of Father, the residual "Legal Heirs" of  Father, shall be legally entitled to continue "Tenancy /Occupancy" of the govt. granted land, for which proper application & procedures would have to be conducted in the Talati /Tahsil office, for record the names of such legal heirs on the 7x12 /revenue records.

Keep Smiling .... Hemant Agarwal
VISIT:  www.chshelpforum.com

 
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Retired employee.

The answer to the pinpointed query is:  "Your grandfather can not treat the land granted by government as of his own and as  his self acquired and has no right to include the granted property in his will"  At the most even if he bequeaths the property, the claimant can only seek permission for fresh grant in his name.

 
Reply   
 

Sir , 

As per the procedure my grand father as applied for the land from the tribunal court & paid all the stamp duties , later the land was alloted to my grand father...

All the legal formalities is made by grand father before 30 years. 

Thanks & please advise,

Regards,

Suraj

 

 

 

 
Reply   
 
Retired Manager

Unless the conditions under which the land was "granted" to your Grand Father are studied, it is difficult to advise.

 

Was the land which you are terming as "granted" was given to your Grand Father after a legal dispute with anybody?

 

As per your further query, your Grand Father had paid stamp duty etc. When Government grants or allots the land where was the need or necessity of paying stamp duty? Full facts of the circumstances, mode, instrument and reason why your Grand Father had got the land is the key to the issue to give any further advice.

 
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Advocate

What were the terms of allotment? 

How the land was meant to be used?

Had he paid any occupancy price?

Had he made any improvement to the land?

What are the terms under which the land is held?

Is land is assessed to land revenue?

Please post complete facts.

 
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