You can execute POA in favour of family member to Receive compensation from government
Land acquired by the government
Hi, My Land acquired by the government in punjab. I'm an NRI person. Q. After Land acquired by the government i know can't sell land and can't change owner so which option is still available there if i can't go to india. Any Agreement for agricultural property, Power of Attorney or what else can do ? Please advice me. Thanks
Asked 3 years ago in Property Law
Religion: Sikh
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25 Answers
As the land has been acquired by the government, you are entitled to compensation in accordance with the law. You may issue a specific attorney to your relative or friend in India to liaise with the government, receive the compensation amount and give a valid discharge on your behalf. If you are not satisfied with the adequacy of the recompense amount and wish to challenge it, you may authorise the power agent to file a suit on your behalf.
Authorise a trusted person to look after your property in Punjab by means of a registered POA.
You will get the compensation from govt.
If the government has acquired the land by a land acquisition notification and paid you the compensation you are having no more rights on the property.
If you had received the notification for acquisition then you may may either apply for stay of the process for land acquisition through a civil court or to apply for getting the compensation amount.
If the compensation amount is very low then you can file a petition before high court for enhancement.
So first confirm that if the land has been acquired or not after which more proper opinion can be rendered.
No land can be acquired by State with making proper compensation to the land owners. If the land is acquired after 2014 you will get compensation under Right to Fare Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which is quite high. If the land is acquired prior to that, you will get compensation as calculated under Land Acquisition Act, 1894 with penal interest. in both case it be handsome compensation.
For filing proceeding for claiming compensation you need not come to India, Draft a GPA in favor of you friend/relative on 100 rupees bond paper giving him power to file suit on your behalf. Get the GPA attested by Indian Consulate/High Commissioner online as due to covid walk-ins are suspended. The GPA has to be in specific format. Send it to the person named in India. He can do everything appointment of Advocate, filing case, defending case etc. for you.
- As per law , If your land is acquired by the government authority then you have right to claim the compensation .
- Further, if the compensation has been paid then you have no right on the said land now and cannot sell to anyone.
- As per law, the government cannot acquire any private land without sending a notice to the owner of the land and also without publishing the proposal in the two news papers, if the notice not served upon the owner.
- Further, without deciding the compensation and paying the same, the government department cannot take possession of the land for the specified purposes like construction of road etc.
- As per the Land Acquisition (Amendment) Bill, 2007, the payment for acquired land must be made within one year from the date of the declaration, and the Collector can extend this time limit by six months with a penalty of 5% per month, and further if payment has not been made within one year nor has the Collector granted an extension, the land acquisition proceedings shall lapse.
- Further, after the compensation amount is determined, the Collector must ensure that payment occurs within 60 days. Possession of land shall not be taken unless full compensation is paid or tendered to the land owner.
- Further, the land owners whose property has been acquired under urgency shall be compensated an additional 75% of the market value of the land.
Dear Client,
You can execute a power of attorney and then receive compensation.
Thank you
Hey,
As such since your rightful land has been acquired by government, you are supposed to receive statutory compensation which is quantified based on various factors. However, since you are saying you are an NRI and don't live in Punjab, you can register a power of attorney in favor of someone to receive the amount on your behalf. For that you may make use of apostille stamping.
Hi. Someone told me this. I would like to know can I give the authority to lawyer for the land money from the government? What kind of agreement we need to make it? ( like laywer send to me and i send to lawyer from overseas). Anyone here can make this kind of documents and what is fee ? Thanks
Asked 3 years ago
- You can authorize the lawyer for the same after executin a POA
- That POA should be notarized as per rule of that country ,and attested from the Consulate of India.
Compensation against acquired land is paid through cheque to the land owner. The land owner, if he is abroad, can authorize any person to collect cheque of awarded compensation for government. The procedure is, draft a special power of attorney on Indian stamp paper of 100 rupees which is available in all countries or even on white paper giving SPA to any of your relatives/friend/lawyer to collect cheque and give receipt. Go to Indian consulate/high commissioner and get SPA attested which the consulate official will readily do. Send the SPA to the person named, he will take the SPA to the disbursement authority which is Land Acquisition Collector and take the cheque and deposit in your account.
Execute POA in favour of family member .it can be attested before Indian consulate
legal fees vary depending upon lawyer engaged by you
don’t execute POA in favour of lawyer
You may enter into an agreement with the chosen lawyer with the mutually agreed conditions for the purpose of doing all the tasks on your behalf on the basis of a special power of attorney deed that you would be required to execute in his favor.
You can engage the services of an advocate from this forum or outside for drafting the agreement.
You need to execute a registered POA for the same and you can do that.
You can contact me through kaanoon for the same or ping me on linkedin will do your work
Dear Client,
Yes, you can give authority to your lawyer through Power of Attorney.
Thank You
Hello there, Thanks for helping and information. 1. On what subject should I make SPA? Could it be related to the subject of the bank or what subject ? 2. I gave SPA to my mother. Can I write my mother's account number in SPA ? 3. She can receive the money of awarded compensation to the government? Because the Land Acquisition Collector now needs a bank account number. There is no other service for collecting checks. Thanks very much
Asked 2 years ago
SPA should be to receive compensation for land acquisition by govt
2) mention details of land acquired by govt
3) POA should be attested before Indian consulate
You can draft the SPA in declaratory form, like….”I….. (NRI) s/o. presently residing at … owner of land ….acquired by…….here by authorize my mother Smt… w/o. …..aged…r/o….to attend proceedings of…. Pertaining to land acquisition proceedings, appoint advocate, file objections and receive on my behalf compensation awarded against acquisition of land. Her a/c No. ….. . I hereby undertake ratify all acts done by her in furtherance of land acquisition proceedings .
Dear Client,
yes. your mother can receive the amount of compensation.
1. You can give a special power of attorney instructing the power agent to complete the special task assigned to him in the said power deed.
2. You can very well give your mother' bank account number in iot directig the power agent to deposit the amount received to that account.
3. Yes.
1. Yes ,
2. Yes, you can mention that the amount of compensation should be deposited in the account of mother
3. Yes, as you have already given SPA to your mother for receiving the same on your behalf.
It's a subjective question. Need to take expert advice for drafting of POA
Hi. I have given special power of attorney to my cousin for the court case and to get the compensation amount. Power attorney made it in my district area and tested by a local notary. NOT TESTED BY Tehsildar SUB-REGISTRAR OF OFFICE. My cousin already give power attorney to DRO officer 3 months ago now they saying isn't tested by Tehsildar registrar so can't transfer compensation amount in your account. My Questions: 1. However, I'm not selling any land or not buying land so is it essential to be tested notary by a district officer? 2. If tested by officer is not required and notary tested power of attorney is not accepted by DRO officer then by what action can I stop the contractor from entering my land ? because I didn't get my compensation money. 3. Under which act the lawyer can also send a letter to the DRO office for power attorney tested by notary is acceptable and can ask compensation amount transfer for to account without delay? 4. They already delayed 3 months to transfer compensation amount. how can i get 9% interest over delay payment ? 5. Is there any other option that I don't need to make a new power of attorney and can get the compensation amount using the same power of attorney along with other documents? Thanks
Asked 2 years ago
Since you are a NRI your power of attorney requires attestation before Indian consulate
2) since compensation is being payable by govt they are playing safe and insisting on attestation before tehsildar
3) don’t deliver possession until payment is received
4) lawyer on basis of notarised POA request release of compensation but authorities may not agree
1. The land acquisition is also considered as transfer of property.
For a transaction involving immovable property, it is mandatory for the power of attorney deed to be executed by a registered document, hence the authorities are right in rejecting the power of attorney deed just attested by a Notary public, you may get the power deed registered befor concerned Registrar if you residing within Indian territories. However if you have got your power of attorney deed attested by a notary public of that country, then it is mandatory that you get the deed adjudicated by the registrar concerned or the Tehsildar within the jurisdiction.
2. You are unnecessarily agitating over the issue without understanding the law of the land.
You cannot stop the contractor entering into your land once you have given your consent for the land acquisition.
3. There is no provision in law to do whatever you feel like with an unregistered power of attorney deed unless you get it adjudicated by the concerned registrar or Tehsildar.
4. If the delay is on their side then you can claim but if you have not complied with the requirements on time then you cannot claim compensation.
5. you may have to understand the situation and act accordingly instead of sticking to your own point which will not fetch you the desired result.
Yes you can get the same under old poa If it's valid and suffice teh same. Else you need to execute new one
It depends on the laws and regulations in your district. In some places, a power of attorney must be tested by a Tehsildar or Sub-Registrar of the office in order to be valid. It's best to consult a local lawyer or official to find out the specific requirements in your area.
If the power of attorney is not accepted by the DRO officer, you may need to take legal action to stop the contractor from entering your land. This may involve obtaining an injunction or restraining order from the court. You should consult with a lawyer to determine the best course of action.
The lawyer can send a letter to the DRO office citing the relevant laws and regulations that support the validity of a notary-tested power of attorney. The specific act or law will depend on the laws in your area.
Depending on the laws in your area, you may be entitled to interest on delayed payment. You should consult with a lawyer to determine the specific laws that apply and how to pursue this.
It may be possible to use the same power of attorney along with other required documents to get the compensation amount, but this will depend on the specific requirements in your district. It's best to consult with a lawyer or official to determine the specific requirements in your area.