Learn Trademark Filing Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sidhu   24 July 2024

Inam land sold without orc 4 decades ago. can it be disputed?

I recently bought a villa in a RERA-approved gated community in Hyderabad/Telangana. Unfortunately, I just discovered that the land was Inam land earlier and it was sold without obtaining the necessary ORC 40 years ago. The subsequent owners have somehow obtained ORC. Later, the current developer developed the gated community on this land with all necessary approvals. 

Can my villa still be subjected to litigation by the descendants of the original seller?



 7 Replies

Dr. J C Vashista (Advocate )     25 July 2024

Inam land cannot be sold.

Show relevant documents of the land to a local prudent lawyer for better appreciation of facts and professional advise.

Sidhu   25 July 2024

Thank you, Dr Vashista,

As per Telangana Inam Act 1955, inam lands have been abolished; ORCs have to be obtained for all Inam lands at the time. After which, they can be sold. 

In my case, the erstwhile owner of the land had not obtained ORC

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     25 July 2024

If there are litigations on land, it may affect RERA (Real Estate Regulatory Authority) approval for a project. Here's how: 1. _Ongoing legal disputes_: If the land is embroiled in legal disputes, it may raise concerns about the project's viability and the developer's ability to deliver. 2. _Title issues_: Litigations related to land title, ownership, or boundaries can impact RERA approval. 3. _Court orders or injunctions_: If there are court orders or injunctions against the project or land, it may hinder RERA approval. However, it's not a definitive "no". The developer can still apply for RERA approval, but they must: 1. _Disclose litigation details_: Provide full disclosure of ongoing litigations and their status. 2. _Ensure no adverse orders_: Confirm that no adverse orders or injunctions have been passed against the project. 3. _Provide indemnification_: Offer indemnification to protect buyers from potential legal risks. RERA authorities will assess the situation and may: 1. _Grant approval with conditions_: Approve the project with conditions, such as resolving litigations before proceeding. 2. _Reject approval_: Reject approval if litigations pose significant risks to the project's viability. Please consult a legal expert or RERA authority for specific guidance on your situation.

1 Like

Sidhu   25 July 2024

Thank you, Mr. Rachakonda.

There are no ongoing legal disputes no history of litigations. I just discovered this flaw which occured 40 years ago. My question is whether there is a risk of litigations in future? Is the limitations Act 1963 applicable here

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     25 July 2024

No not at all.

Sidhu   25 July 2024

Ok.

You mean the descendents of the original seller have no claim to the land now even if the land was obtained by fraud or by force by the buyer 40 years ago? 

T. Kalaiselvan, Advocate (Advocate)     25 July 2024

It appears taht there are no claims made by anyone so far and it is also found that the subsequent buyers have already obtained ORC in this connection.

Hence you do not do anything to provoke or waking up the sleeping people

2 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register