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SATENDER YADAV (CA STUDENT)     15 May 2010

please advice me what to do

hi sir, i am satender yadav from rae bareli. i m not from your profession but i belongs to CA community. i just need legal advice on the following matter: my father is owing a constructed house aside National HIghway 24 (lucknow to rae bareli), at a rural area or say in a very small town. now the higway is narrow and authorities have decided for widening of highway. few portion of my fathers house is also comes in the new wide highway. and as practiced in rural areas, the land is not registered in my fathers name but the seller had sold the same on stamp papars, as generally follwed in rural areas in 1995. and the seller is now no longer in this world and his sons are askign for some more amount just taking undue beefit of the situation. now i want to know that 1. is it necessary to get the same registerd before getting compensation for the same from NHAI. 2. and NHAI will compensate for land and construction only but other portion of the house also becomes unusable as belongs very closer to the highway. can we also get compensated for this aspect also. 3. please tel me the acts or rules by which these transfer of properties and land are being governed. and the acts that applies to compulsory acquisitions of property it would be a great favour please



Learning

 9 Replies

R.R. KRISHNAA (Legal Manager)     15 May 2010

Dear satender,

As you dont have a registered sale deed it is difficult to seek any claim from land acquisition authorities.

 

regards.,

unique horn (self)     15 May 2010

compensation will be given to the person  who's name shown as the owner in tahsildar office. so first verify in the tahsildar office, if it was not in your father name, then lodge a petition to the tahsildar and land acquisition authorities that your father was the real owner and attach the xerox copy of the sale deed.  

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     16 May 2010

Title of the land you will get  if it is regd., if not your name will not enter in the records of the land.  When land records wont show your name how come you will claim the compensation from the NHAI authorities.  So it is better to make compromise with the sons and get it regd.,  You will have to pay the stamp duty also.

sachin (practise)     16 May 2010

The compensation amount shall be paid by NHAI to the land owner whose name appers in the land records. As your fathers name is not entered in the land records you shall not be entitled to compensation.

However, with what ever documents executed between your father and the land owner, you may file an objection with the revenue authority or file a civil suit staking you claim to the property on the basis of the documents executed and with the help of witnesses and evicendes confirming your claim


(Guest)

Sir, I am a Graduate and served in BRO as LDC since last ten years.  And now I applied for the post of UDC in Metrology Department for my best carrier.  But my employer is not granting me NOC for the new employment as I am a central govt employee and its my right to choose best job for my better carrier please suggest me what do do next.  I had called for interview on 1st Jun 2010 and applied for NOC which was returned unactioned  to me.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     20 May 2010

How this intuder not related to the issue.

For getting compansation since you are in possession of the property so file a civil suit making NHAI  party. First seek injunction for payment and then seek title of the property through circumstantial evidence.It will take time but you will suceed.

 

P.K.Haridasan (Advocate)     20 May 2010

You will get compensation only if you are the owner and title documents are  in your name. Government agencies will see only papers not persons.  Try some how to get the land registered in your name and claim. 

Dr.A.V.Hardikar (State Repr.)     21 May 2010

I own bunglow 640 ssq ft, in a CHS. I allowed my brother to stay in -without rent or anything . 30 yrs he is in with his fammily. I am occcasional visitor. Naw he is not allowing me to take possetion -to the extent- he has locked from outside and enters from backdoor and chalanging me.

Can I break the lock ? Is it essential to inform Pplice?Socity?

Can he become -as he -an advocate-claims to be owner by virtue of 30 yrs possetion? DO I have RIGHT to throw out his luggage ifrom my home?

CHS Share Cert, Property Tax,Water Connection.Mseb Con=all on my name.

Pl advise.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     21 May 2010

You have to file civil suit for possession and also ask for revocery of rent. Engage a smart advocate so that he can persue the matter.

Please ask for all back dated rent with interest.Assume you have given on monthly rent so add interest on every months due rent. Take a ready recknoer with banks use to calculate interest. And ask for further interest on total dues till payment.

On account of default of payment of rent you will get a decree of possession immediately even though he is living for so many years.

There will be only one defense that why you have not asked for so many years for due rent. But higher courts have taken the view that there can not be limitation for overdue rent.

Morever you can also move the concenred Bar council for cancellation of his advocate registration. It will take time but if you are persistant it will happen. That why i have suggested that you must engage a smart advocate who should not be influenced by other side and become lax.


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