Validity of Registered Agreement for sale of land acquired by Govt

Tilak Marg Forum for Legal Questions Forums Civil Law Validity of Registered Agreement for sale of land acquired by Govt

This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 6 months, 1 week ago.

  • Author
    Posts
  • #4158

    Hi Sir,

    The State Government issued notification dated 16.08.1988 under Section 4 of Act, 1894 applying urgency provisions and issued declaration dated 22.02.1989 under Section 6 of Act, 1894. The Special Land Acquisition Officer passed award dated 30.07.1991 under Section 11 of Act, 1894 in respect of the land notified on 16.08.1988. And In khasra khatauni our name was dismissed and put the name of related authority (GDA) till date and now a builder give me an opportunity to sell out these disputed land and want to a registered agreement with us for a certain time and amount.

    So please tell me that agreement is valid or not as presently we are not owner of the land as in the revenue department respected authority have names not mine.

    Thanks

  • #4160

    It is difficult to reply on facts of a case without actually seeing the detailed documents.

    But, generally speaking, if you do not have any rights in the land, then you may not be in a position to sell it. However, if suppose dispute is still going on in the land acquisition and the acquisition process is still not completed, then I think it may be possible to transfer whatever limited right you have in the land (subject to the outcome of the dispute). In such a case, your agreement should correctly and transparently mention all the relevant details of acquisition and the present status of your rights over the land, and the present status of the dispute. It should also be clearly and transparently mentioned that what is being transferred is the limited right that you have in the land. Do not state any incorrect facts. Do  not conceal any information. Do not back-date the agreement. However, as I mentioned above, it is difficult to give an accurate opinion without actually seeing the detailed documents. Therefore, please be aware that the above opinion may not be correct. For getting the legally correct opinion, you should consult some good lawyer by showing him all the relevant records / documents.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

You must be logged in to reply to this topic.

Facebook Comments