Posts Tagged "FEMA Act"

Can Corporation accept documents & fees relating to land conversions?

Question asked by Kishore Ramachandran from USA:

Dear Vatsala, Thanks for taking time to respond to legal queries. I need help in understanding the options I have now. Bought a plot in a gated community in 2005 when I was an NRI. Apparently the plot was a farmland and at that time I wasn’t aware of the FEMA act that disallows NRI to buy farmlands. Now after I became aware of this and talked to the gated community developer who sold this property he tells me that the corporation has already accepted documents & fees relating to conversion and only final approval is pending. His view is that since corporation has accepted the fees it can be assumed that the said property is no more a farmland. Is that a good assumption? In any case what are my options now?
Thanks
Kishore Ramachandran

Vatsala Speak:

The right authority to accept the fees for conversion is the deputy commissioner and not the corporation. The developer might be referring to the property tax or to regularization fee (which has not yet been finalized by the Corporation). Hence the details he is referring to is not clear. Also, a land cannot be converted after it has been subdivided into plots.Vatsala

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