Is DTCP approval needed for ancestral family partition deeded land? LPA certification procedure
Dear Respected sir,
My grandfather land is located in Kodumudi and as per will it was transferred to all my fathers brother ( 4 brothers ). This is ~ 50 years old ancestral property. Now only one of my father elder brother existing and other 3 are passed away.
We decided to partition that land via Erode court and did partition deed as per O.S No 119/ 2017 dated on 12.4.2017. During partition plan we had divided that entire land properly for all 4 stakeholders by providing common 30 feet roads which should be accessible for all 4 stakeholders dividend portions.
As per court direction we had registered our partition deeds in the Kodumudi, Erode district, register office individually and have got document number for every stakeholders
After few months one of the stakeholders wanted to do gift deed to his son and reached register office with details. He was told that your land is not DTCP and hence it can not be processed
Then we reached Executive officer (local body of DTCP located in Kodumudi ) and obtain LPA approval for individual dividends by paying all the regularisation charges, development charges as per EO direction.
With that approval we reached register office and again Sub register telling to get concurrence from DTCP office Erode.
When we approach DTCP office they are suggesting to go for entire property DTCP approval right from beginning.
I saw your direction in the one of the questions asked in the KAANOON
1. Following the Madras HC directions, the Inspector-General of Registration has issued a circular to all registrars not to register transfer of any unapproved properties.
2. Yes, the DTCP is the authority for classification of land use. DTCP is represented by the Local Planning Authority (LPA) in every District in TN.
3. In that case, obtain a certificate from the LPA to that effect for the purpose of registration.
4. Yes, she can execute a deed of relinquishment forgoing her share in favour of the others.
Can you further give a guidance to obtain the certificate from LPA?
Should I again for entire land DTCP approval?
Please provide your expert guidance sir.