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sale agreement with industrial company without collectors permit
30-Mar-2023 (In Property Law)
As our ancestral agricultural land was sold to industrial partnership company in 1981. And this agricultural land is situated in mumbai sub district I-3 zone ( Industrial zone Reservation ). Reservation is shown but not acquired as per Acquisition Act. Property cards also to be seen as agricultural (shethi kade). Sir my question is can this sale agreement done to industrial company without section 43 collectors permission is legal or bad in law. Thankyou.
Yes it is invalid as per section section 43, Restriction on transfers of land purchased or sold under this Act.- (1) No land or any interest therein purchased by a tenant under section 17B, 32, 32F, 32-I, 32-O, 32U, 43-ID or 88E or sold to any person under section 32P or 64 shall be transferred or shall be agreed by an instrument in writing to be transferred, by sale, gift, exchange, mortgage, lease or assignment, without the previous sanction of the Collector and except in consideration of payment of such amount as the State Government may by general or special order determine; and no such land or any interest, there shall be partitioned without the previous sanction of the Collector. Provided that no previous sanction of the Collector shall be required, if the partition of the land is among the members of the family who have direct blood relation or among the legal heirs of the tenant.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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