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Ranga Vinoth   09 August 2020

village temple land issuses

king of sivaganga gave 16 acres of land to our temple for holy offering to God , due to various reasons if the land has been sold to third parties , will that be a issue


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 4 Replies

Prakash Yedhula (Lawyer)     10 August 2020

Sale of temple land is banned in TN except with prior approval of Government. In fact, sub registrars have been instructed not to entertain any transfer of temple lands with particulars of survey numbers by the HRCE Department. Section 22-A of Registration Act is inserted as follows:

22-A. Refusal to register certain documents .—Notwithstanding anything contained in this Act, the registering officer shall refuse to register any of the following documents, namely:— (1) instrument relating to the transfer of immovable properties by way of sale, gift, mortgage, exchange or lease,—

(i) belonging to the State Government or the local authority or Chennai Metropolitan Development Authority established under section 9-A of the Tamil Nadu Town and Country Planning Act, 1971;

(ii) belonging to, or given or endowed for the purpose of, any religious institution to which the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 is applicable;

(iii) donated for Bhoodan Yagna and vested in the Tamil Nadu State Bhoodan Yagna Board established under section 3 of the Tamil Nadu Bhoodan Yagna Act, 1958; or

(iv) of Wakfs which are under the superintendence of the Tamil Nadu Wakf Board established under the Wakf Act, 1995,

unless a sanction in this regard issued by the competent authority as provided under the relevant Act or in the absence of any such authority, an authority so authorised by the State Government for this purpose, is produced before the registering officer;

(2) instrument relating to the transfer of ownership of lands converted as house sites without the permission for development of such land from planning authority concerned: Provided that the house sites without such permission may be registered if it is shown that the same house site has been previously registered as house site.

Explanation I.—For the purpose of this section ‘local authority’ means,—

(i) any Municipal Corporation constituted under any law for the time being in force; or

(ii) a Municipal Council constituted under the Tamil Nadu District Municipalities Act, 1920 ; or

(iii) a Panchayat Union Council or a Village Panchayat constituted under the Tamil Nadu Panchayats Act, 1994 ; or

(iv) any other Municipal Corporation, that may be constituted under any law for the time being in force.

Explanation II.—For the purpose of this section ‘planning authority’ means the authority constituted under section 11 of, and includes the Chennai Metropolitan Development Authority established under section 9-A of the Tamil Nadu Town and Country Planning Act, 1971;

(3) instrument relating to cancellation of sale deeds without the consent of the person claiming under the said sale deed.”.

2 Like

Dr J C Vashista (Advocate)     10 August 2020

Local laws apply to the subject property.

Very well explained and advised by expert Mr. Prakash Yedhula, I appreciate.

P. Venu (Advocate)     10 August 2020

You have not posted the complete facts.

Sudhir Kumar, Advocate (Advocate)     12 August 2020

You never posted when/how/by who the plot was sold to whom it was sold.


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