advocatemmmohan

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ADVOCATEMMMOHAN -  Practicing both IN CIVIL, CRIMINAL AND FAMILY LAWS,Etc.,

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Monday, September 6, 2010

A.P. ASSIGNED LANDS [PROHIBITION OF TRANSFERS] [AMENDMENT] ACT 2008

SEC.4[1][b][i] :- re assign the said resumed land, other than those lands/ areas as may be notified by the govt. from time to time in public interest and for public purpose, to the transferee who purchased the land in good faith and for valuable consideration on or before 29TH January,2007,subject to the condition that he/she is landless poor person and is in occupation of the land by using the said land for agriculture or as house site, as on the date of taking possession by eviction; provided that the reassignment in case of transferee shall be limited to only such an extent that the total holding of the re assignee including any other land held by him/her does not exceed 5-00 acres dry land or 2 1/2 acres wet land; provided further that where the transferee who has purchased the land and got reassignment of it , or his legal heir, transfers the reassigned land, the land will be resumed for assignment to other eligible persons..

9 comments:

  1. I want clarification on : if one Scheduled Caste person encroahed the assigned land of scheduled Tribe person who have pattadar pass book, adangal and 10(1)since 20 years above, now which person got right over the land as per law.

    ReplyDelete
  2. one Scheduled Caste person sold his agriculture land which is given by Goverment to him in 1982 by registration to other persons for house plats (he told to others i.e. it is his own land) and registation doccument it is not assigned land column is there. after all the plot owners got pattadhar passbooks from MRO and RDO in 1995. from the resigstation till date the land is under plot owners. recently two months back MRO of said land premises issued notices to plot owners it is assigned land why their pattadhar passbook cancel. what is the position of plot owners now. what they will do . they doesn't know it is the assigned land.

    ReplyDelete
  3. REVENUE LAWS ‎>‎ It is seen from the undisputed facts that though the land in question was assigned only for the purpose of cultivation, it no longer subserves the original purpose viz., cultivation as it now became the Urban property fit for construction of houses. In fact, the transferee laid 32 plots and sought approval from the second respondent. By virtue of the changed circumstances, the petitioner will no longer be in a position to cultivate the assigned land. His transfer for the purpose of house sites again would be in contravention of not only under the terms of the grant, but also is void under the Act. Thereby, the petitioner cannot be restituted the assigned lands. go through my another web site mmmlawrepot. apply for purchase as per market value or for assignment as house plot.

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  4. Dear Sir
    Can I take your appointment.My contact number 9985770888
    Regards

    Ramachandra Reddy
    Hyderabad

    ReplyDelete
  5. One erstwhile Tashildar was assigned with residential plot by the Government after payment of market value to the government. The tashildar is no more and his only son is in possession of the property. He has constructed additional houses and has rented the same. The son is in requirement of money and intends to mortgage this property to a bank for borrowing money;

    in this regard please clarify

    i) whether a valid mortgage can be created by the person in possession of the property

    ii) bank can enforce the sarfesi without any hassle if there is a default in repayment.


    Thanks in advance

    ReplyDelete
  6. Respected sir
    no private mortgage is valid
    recognized banks valid
    please kindly go through the judgement herein referred

    In the light of the judgment of a Division Bench of this court in The Sub-Registrar, Srikalahasti, Chittoor District v. K. Guravaiah[1], assigned land subjected to mortgage and thereafter brought to sale by the mortgagee Co-Operative bank/Co-Operative Society would cease to be assigned land for the purposes of the Act of 1977. That being so, the action initiated by the respondents under the provisions of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 in the present case is clearly unsustainable in law.

    In my MMMLAWREPORT=MMMLAWREPORT
    with regards
    advocatemmmohan

    ReplyDelete
  7. Sir, This is a dispute between two persons belonging to ST community. one person named koteswara rao was given provisional assignment order in the year 1995 and he was not given assignment order till now.due to need of money he sold unoficially to a lady called jayamma in 2008. now koteswara rao died on march 2013, koteswara rao has two wives; first wife was legally married and left him and second wife staying with koteswara rao as her first husband died. second wife has one son(Paul) and three daughters who were born of her first husband(all married before koteswara rao's expiry). second wife has no children during companionship with koteswara rao. till now jayamma for five years from 2008 to 2013 she is culivating that land. now after expiry of koteswara rao, second wife and her son were claiming for the land saying that it is inheritable to them. SIR, kindly suggest what should we do. for any other information my contact number = 9885695740.

    ReplyDelete
  8. Respected sir
    First wife is the only legal heir - she alone inherit the properties of her husband as no divorce was taken place between them ; the companion ship of second wife is not valid - she and her son not entitled for any right
    with regards

    ReplyDelete

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