• Land in Tappal area, Aligarh adjoining Yamuna Expressway and Jewar Airport

Hello,
I am into property consultation and have recently come across multiple private developers who have bought agriculture land directly from farmers in Tappal area of Aligarh district, adjoining Yamuna Expressway and Jewar International Airport. These developers claim to have got the registry and mutation (patta) record in their company's name and further when they sell to investors, they are getting their registry and mutation (patta) done as well. 

Problem is that there is news on internet that there is some 1210 bigha land in Tappal (the same region) to be procured by Yamuna Expressway Authhority to develop under urbanisation. Also the news hints that private developers have got this notified land mutated illegally and selling to investors.

There are multiple projects in this area, some are adjacent to expressway on both sides of it (claiming to be in lal dora land and safe), they use branding of company name and barricading of land as well, WHILE others are little distant located (claiming they are safe because projects adjoining expressway will be taken over for widening and enhancement of service and sector roads), but they do not use branding of company name or barricading of land.

The land is offered in small sizes starting from 100 sqyds with a price range of [deleted]/sqyd.

Since we do not want to do business in any illegal procurement, development or selling hence we are looking for some clarity and authentication. Since all of them are producing registry records, mutation records etc., how to cross check and authenticate whom to work with?
Asked 3 years ago in Property Law
Religion: Hindu

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4 Answers

Check whether land is under reservation or not in the development plans 

 

2) if registration of land is being done in name of purchasers and mutation is being permitted by revenue authorities it appears that title is clear and marketable 

 

3) obtain title search report from local lawyer that title is clear and marketable 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

You can check for encumbrance if any and proceed with the same. You can execute a indemnity bond for the same

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

These involve lot of local issues as well as illegal activities of the so called real estate agents/barons. 

The realtors would try to sell the properties giving lot of false information and defraud the buyers.

But it is the responsibility of the buyer to verify the details and confirm the genuineness and authenticity of the proeprty and the details furnished through their own sources, preferably from advocates who do not belong to this area.  

You may have to obtain a proper legal opinion from an advocate who lives far off from this area so that he is not induced by the realtors to give an opinion in their favor.

There is no suggested legal steps that you can take for this before purchasing the property.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Dear Client,

                  Legal risks refer to damage or any loss incurred to a business due to negligence in compliance with laws related to the business. It can be encountered at any stage of business proceedings.Contractual risk is incurred when there is some failure in fulfilment of contractual liabilities. Failure to meet terms of the contract, failure to provide services in compliance with the contract, failure to include risk mitigating clauses in the contract etc.All this results in a contract risk.Non Contractual risks include certain damages caused to the competitor due to infringement of copyright or trademark done by your entity in the due course of your business proceedings. Other damages like tortious claims arising due to negligence, misrepresentation and claims for unjust enrichment while conducting cross-border business activities also result in non-contractual obligation.Dispute risk results when there is a disruption caused by the stakeholders, customers and partners to the business. These disputes often result in litigations and put the business onto a bed of thorns. It is recommended to resolve the disputes before they get transformed into litigations as it will incur a huge cost.Bribery and corruption arise out of unsatisfied needs of the employees and their greed. Frauds like bribery and kickbacks may lead to serious damage to the financials of a company. Kickbacks are offered by third parties in return for illegal discounts. A bribe may be offered to evade taxes and to launder money. One of the top candies and chocolate makers Cadbury India (Mondelez India Foods) paid a consultant who helped them to obtain a license by bribing government officials. These practices surely destroy the reputation of the companies and the companies may also get restrained from carrying on any business in India.

A code of ethics is important because it clearly lays out the rules for behavior and provides the groundwork for a preemptive warning. While a code of ethics is often not required, many firms and organizations choose to adopt one, which helps to identify and characterize a business to stakeholders.Business ethics refers to the standards for morally right and wrong conduct in business. Law partially defines the conduct, but “legal” and “ethical” aren't necessarily the same. Business ethics enhances the law by outlining acceptable behaviors beyond government control.

Thanks & Regards

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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