Your father can execute sale deed in your favour for Rs 20 lakhs
sale deed should be duly stamped and registered
authorities would consider latest market value of land in determining compensation
Govt may acquire our land
In Telangana, my father recently purchased agri land at 20lacs per acer but paid stamp duty as per govt value 2.5lacs per acer, there are some rumors that govt may acquire our land in near future for public project, nothing announced yet but may be announced sooner or later or may not be announced. For recent acquisition, govt compensated for one of our neighbor with 4 times of govt valuation for the acquired land. Since nothing is announced, what are our options to protect our land/investment? Can I repurchase land from my father at higher value so we get compensated better?
Asked 3 years ago in Property Law
Religion: Hindu
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7 Answers
In the event of any government acquisition, there are clear-cut norms for compensation, based on the guideline values. If there is any discrimination, your father may very well seek legal remedy. Your idea does not seem practical or helpful in any case.
Dear client,
Please keep all your property documents secure and in place. You don't need to repurchase land from your father at a higher value since the government will carry out their own valuation process for the land if they wanted to acquire it.
Thank you.
It's the same 4 times of the land value as per government rate not your purchase rate
Under Right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013;
The new Act stipulates that the minimum compensation is to be a multiple of the total of the ascertained market value, plus value of the assets attached to the property, plus a solatium equal to 100% of the market value of the property including value of assets.
The 2013 Act is expected to affect rural families in India whose primary livelihood is derived from farms. The Act will also affect urban households in India whose land or property is acquired.
You may wait for the notification by the government and then proceed when the notification has been published.
- 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.
- 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.
- Further, the compensation payable to the land owner includes not only the cost of land but also the cost of structures existing on the land.
- Hence, the government will decide the criteria for the valuation of the land before the acquisition, and accordingly owners will be informed .
- Further, if the owner not satisfied the value , then they can approach the court.
Hi, First they will Notified under Section 4 of the Land acquisition act and there after they will call for objections for each stake holder. When they called for objection you can file the same and if they not ready to pay the market value prevailing in that particular time then you can approach to the court for enhancement of the compensations.
