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What is the procedure to sell agricultural land


03-Oct-2023 (In Property Law)
Can one sell agriculture land even if on 7/12 it's a joint..means it is showing samayik kshetra ....what measures to be taken since nobody is ready to co-operate to have partition and giving Noc to sell the land..
Answers (1)

Answer #1
537 votes
Debutter Property means kind of property that has been dedicated to God. The conception of debutter is comprised of two essential ideas. The first is that property is dedicated to the deity and vests in an ideal sense in the deity itself as a juristic person. The second is that the personality of the idol becomes linked up with the natural personality of the shebait , being the manager or being the dharmakarta and who is entrusted with the custody of the idol and who is responsible otherwise for the preservation of the property of the idol.
Shebait is the manager to look after the debottor property and seva of Idol.
Generally Debottor Property cannot be transferred without permission of the Court save and except what is the intention of the Founder Deity and what are stated in the Deed of Endowment. However, following are exception to the general rule:
(1) Where the transfer is not for any pecuniary benefit and the transferee is the next heir of transferer or stands in the line of succession of shebait and suffers no disqualification regarding the performance of the duties.
(2) When the transfer is made in the interests of deity itself and to meet some pressing necessity.
(3) When a valid institute is proved sanctioning alienation of Shebaiti right with a limited circle of purchasers who are potential shebaits of the deity or otherwise connected with the family.
There is no exception provision for agriculture land.
Shebait is not the owner, he is only manager.
Heirship of Debottor Agriculture property does not arise, if not otherwise stated in the Deed of Endowment.

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