Selling of bungalow situated in cantonment area

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Question From: Property Law

My great grand father constructed a bungalow over 6 acre of land. This land was granted to him by the then commander-in-chief of Indian army. This land comes under cantonment area of Lucknow, This bungalow was erected in year 1892 and right now market value of this property is about 29 crore. My father wants to sell this bungalow, but cantonment board objected and filed a case against him. We are the owner of land because we have been living in the home since year 1892.

All the lands comprising in the cantonment area are to be recorded under general land register or GLR of each cantonment area. First you take certified copy of your survey number from the commandant of cantonment area, GLR is a public document and commandant is bound to give certified copy.

If your land is mentioned in its any entry then it will become clear that your great grand father was not owner of this land. Government of India is the sole owner of every land mentioned in GLR, In British period these land were given on special grant that is called old grant. At that time Lord Governor was the owner of those properties.

After the independence this right is vested in the President of India through ministry of defence. You cannot sell this land. But you may get compensation to the extent of cost of building, which is decided by the committee of arbitration.

In Chief executive officer vs Surendra Kumar Vakil (1999) 3 SCC, held by supreme court that property granted by “old Grant” shall not be sold by grantee.

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