Question And Answer | |
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Subject: | How to claim compensation for undivided ancestral land acquired by Government |
Category: | General Law, Income-Tax |
Querist: | Avinash Misra |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | Agricultural land, compensation, land |
Date: | April 22, 2022 |
Hello,
Please guide as to how we can claim compensation for undivided ancestral land acquired by Govt. for Canal construction.
1. We have ancestral land that remains undivided among my grandfather and his brother and other relatives in our Village.
2. We do not have any land records however we do have possession of the said land.
3. As I’m given to understand in the land records available in the land record portal of Odisha Govt. Lot many people are mentioned in addition to my Grandfather and his younger brother,we do not know who are these people or do not have there wherwithal or contact details.
4. Upon talking to the Land Acquisition Officer of the said project we were told to bring no objection certificate in the form of an affidavit from Tehsildar office.Which we tried to explain is near to impossible as the families do not reside in the village and have relocated to other states and some have migrated to other countries.
5. My elders have told me that from my ancestral time the land was not divided and it is understood that the family which has possession of the land is the owner of the land. As my grandfather and his younger brother are also mentioned in land which is on possession of other related families of the village.
6. How do I claim compensation for the entire family ,as NOC from so many people is not possible, is there a way where I can become the sole representative of the undivided family to collect the compensation as a whole and distribute it among the family , by submitting a self decleration of taking the responsibility of distributing the rightful share among my family members.
Please guide me else ,our ancestral land is already gone we would not get the compensation either.
It is advisable to discuss the matter with a local lawyer who will be well versed with the prevailing practice in that region. Further, for the purpose of obtaining a NOC, one can make a statement under oath by an affidavit stating that the other beneficiaries will be reimbursed.