yes you can file rti to know the, status after that you can file writ petition in high court for directions.
Registration hold on land - Telangana
I have inherited plotted land from my father (about 350 sq yrds) in Hyderabad, Telangana. When we went out to registration office, we were told that the land (survey number) has a hold as being a “Gov. Land.” It has been 2 years now. The registrar is asking to get No Objection Certificate from MRO and MRO office is saying that the Collector has to issue the NOC. MRO office said there was a recent survey completed, which has removed the hold but it might take time for it to be updated. Its been almost a year since the last survey was completed. An official from Mandal office looked at their “Book” and said that the Government of Telangana does not have any interest in our land---but Mandal office is refusing to give anything in writing. I think the Registrar office and Mandal office are trying to grub money. Would filing RTI with Chief Commissioner of Land Administration (CCLA) of Telangana help understand the status of the hold and would the information within RTI be accepted by the Registrar? What other options do I have to get the registration completed. I have a registered Will Deed from my father for the above stated land.
Asked 6 years ago in Property Law
Religion: Muslim
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8 Answers
1) file RTI application with collector/ MRO office as to whether as per latest survey report 350 sq yards of land in your family possession flaws within govt land or not
2) you can file writ petition in HC to direct MRO / collector to furnish NOC as land is no longer falling within caption govt land
1. RTI is indeed a good idea
2.the public information officer of the concerned authority will be bound to reply to your application within 30 days from date of its receipt or face a penalty of Rs. 250/- for every day of default in not replying to your application
3. so file the RTI immediately to know the status of the land regarding the hold by the govt
4. as you have inherited the land under the Will of your father, you will also need the NOCs of all his legal heirs stating that they accept the Will as true and genuine Will of the deceased and have no objection if the land is transferred to the beneficiary stated therein
Yes if the status of land in the RTI is non government it would be accepted by the registrar further you can meet collector and can file application for the certified copy of the survey record.
Why didn`t you have applied for certify copy of survey and land records. Easily would have get, land belongs to whom. You just apply by filling written applcaiton. And why you are doing registration of what ? Are you selling it ?
IF only transferring your name with father name, than registrar has no role, Apply to revenue office for mutation.
Get in written from them that land belongs to govt. and needs NOC.
Get the copy under RTI, if registrar refuses, file appeal agasint the order of registrar.
Registered WILL is valid and your ownership on land.
You can file an RTI application. File Writ petition in high court.
You should understand the facts of law that you don't have to get the inherited property registered on your name again.
You need not approach registrar for this instead you may approach Tahsildar with an application seeking transfer of revenue records to your on the basis of registered Will in your favor and NOC from other heirs.
Let them deny transfer or mutation of revenue records after which you can initiate proper legal action through after obtaining information through RTI act as suggested.
Yes you should file an application under RTI act to MRO office to provide you the latest survey report of your area and defining status of your land. If the status of your land is found clear in the survey report. Then you should again file an application for issuance of NOC.
If still they refuse to issue NOC you can approach Civil court for issuing mandatory Injunction to MRO office to issue NOC to you.
