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UHello, I am residing in an old grant bungalow in a cantonment area in UP. Our property was sold on the basis of a disputed will in 2009, however the person selling never took the permission from the Defense Estate Office and the Director General of Defense Estates which as per certain policies and clarifications are required. The only one I’ve managed to find so far is this letter posted on the DGDE’s website –
[https://cdnbbsr.s3waas.gov.in/s30f46c64b74a6c964c674853a89796c8e/uploads/2022/12/2022120273-1.pdf](https://cdnbbsr.s3waas.gov.in/s30f46c64b74a6c964c674853a89796c8e/uploads/2022/12/2022120273-1.pdf)
Our advocate has been disputing the sale deed based on the fact that it was derived from a forged will however, there is little emphasis laid on not taking the required NOCs and permissions. I am trying to find out more about what kind of permissions are required and what the status of the sale deed would be if we can demonstrate in front of the judge that said permissions were not obtained.
Specifically, are there rules that require cancellation of the sale deed in this case? Or, can it be sent back for approval/left in tact by paying a fine etc.
Thank you.
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ALawyer here.
Under Cantonment act and rules, prior intimation of DEO is mandatory.
Further, what category of old grant bungalow it is? DEO records/ General entry of bungalow shows ownership of whom? Cantonment tax is paid by whom and on who’s name the receipts are being generated?
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UThank you. Can you please elaborate on the categories of old grant? I was under the impression these were either 99 year leases or the constructed structure belonged to the owner in perpetuity while Army retained ownership of the land. If this is the case, our property is the latter.
In the HOR, the seller is listed as the owner of the property. We are contending that this mutation was fraudulently made with the aid of a forged will. The taxes are being paid by us (i.e. the seller has never paid any tax, electricity, or water charges for that matter) and the receipts are generated in the name of my grandfather. In fact, the seller has never stepped foot in the property since the late 80s.
May I ask what documentary evidence we might present to try to have the sale cancelled?
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