Government of India allotted landed property to refugee
8 months ago
Government allotted agricultural landed property to the displaced persons those who had been settlement in Andaman Islands through the Govt. approved policy of Rehabilitation schemes since 1968 and finally the landed property was record in the name of Head of the family. Now, the Head of the family can sold ? if not , need a particular Judgement.
A.Dear Client,
In general, when agricultural land is allotted to displaced persons through a government-approved rehabilitation scheme, there may be restrictions on the sale of such land. The purpose of these restrictions is to ensure that the allotted land is used for agricultural purposes and to prevent the unintended transfer of such land to non-allottees.
The specific restrictions, conditions, and procedures for the sale of such allotted agricultural land will be mentioned in the relevant legislation, government policies, rehabilitation schemes, and the terms of the allotment itself.
To determine whether the head of the family can sell the allotted agricultural land, the following factors need to be considered:
1. Relevant Legislation and Policies: The laws, regulations, and policies governing the allotment of agricultural land in Andaman Islands, including any specific provisions governing the sale or transfer of such land, need to be examined.
2. Conditions and Restrictions: Any conditions or restrictions imposed by the government regarding the use, transfer, or sale of the allotted agricultural land need to be considered.
3. Approval or Permission: Depending on the relevant legislation and policies, it may be necessary to obtain approval or permission from the government or relevant authority before selling the allotted land.
If there is a specific legal question regarding the sale of such agricultural land in Andaman Islands, it may be necessary to refer to relevant judgments and case law. However, the specific judgment you mentioned would depend on the precise legal issue or dispute involved.
Thank you.
In general, when agricultural land is allotted to displaced persons through a government-approved rehabilitation scheme, there may be restrictions on the sale of such land. The purpose of these restrictions is to ensure that the allotted land is used for agricultural purposes and to prevent the unintended transfer of such land to non-allottees.
The specific restrictions, conditions, and procedures for the sale of such allotted agricultural land will be mentioned in the relevant legislation, government policies, rehabilitation schemes, and the terms of the allotment itself.
To determine whether the head of the family can sell the allotted agricultural land, the following factors need to be considered:
1. Relevant Legislation and Policies: The laws, regulations, and policies governing the allotment of agricultural land in Andaman Islands, including any specific provisions governing the sale or transfer of such land, need to be examined.
2. Conditions and Restrictions: Any conditions or restrictions imposed by the government regarding the use, transfer, or sale of the allotted agricultural land need to be considered.
3. Approval or Permission: Depending on the relevant legislation and policies, it may be necessary to obtain approval or permission from the government or relevant authority before selling the allotted land.
If there is a specific legal question regarding the sale of such agricultural land in Andaman Islands, it may be necessary to refer to relevant judgments and case law. However, the specific judgment you mentioned would depend on the precise legal issue or dispute involved.
Thank you.
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A.Dear Client,
Regulation 38. (1) of The Andaman And Nicobar Islands Land Revenue And Land Reforms Regulation, 1966, all land in the Union territory of the Andaman and Nicobar Islands is vested absolutely in the Government, and, save as provided by or under this Regulation, no person shall be deemed to have acquired any property title therein or any right to or over the same by occupation, prescription or conveyance or in any other manner whatsoever except by a conveyance executed by, or under the authority of, the Government. As per Regulation 122, an arrear of land revenue payable to the Government may be recovered by the Tehsildar in the prescribed manner by any one or more of the following processes, namely:- (a) by attachment and sale of movable property belonging to the defaulter; (b) by attachment of the holding in respect of which the arrear is due and the sale of the interest of the defaulter therein and where such holding consists of more than one survey number or plot number by such sale in one or more of such survey numbers or plot numbers as may be considered necessary to recover the arrear; (c) by attachment and sale of the interest of the defaulter in any other immovable property. In view of the above provision of regulations, since all the land in the Union territory of the Andaman and Nicobar Islands is vested absolutely in the Government, the same cannot be sold by the tenant occupier to a third party.
Regulation 38. (1) of The Andaman And Nicobar Islands Land Revenue And Land Reforms Regulation, 1966, all land in the Union territory of the Andaman and Nicobar Islands is vested absolutely in the Government, and, save as provided by or under this Regulation, no person shall be deemed to have acquired any property title therein or any right to or over the same by occupation, prescription or conveyance or in any other manner whatsoever except by a conveyance executed by, or under the authority of, the Government. As per Regulation 122, an arrear of land revenue payable to the Government may be recovered by the Tehsildar in the prescribed manner by any one or more of the following processes, namely:- (a) by attachment and sale of movable property belonging to the defaulter; (b) by attachment of the holding in respect of which the arrear is due and the sale of the interest of the defaulter therein and where such holding consists of more than one survey number or plot number by such sale in one or more of such survey numbers or plot numbers as may be considered necessary to recover the arrear; (c) by attachment and sale of the interest of the defaulter in any other immovable property. In view of the above provision of regulations, since all the land in the Union territory of the Andaman and Nicobar Islands is vested absolutely in the Government, the same cannot be sold by the tenant occupier to a third party.
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