What is prohibited property?

[ecis2016.org] Can you sell a property that has been put by the state government in the prohibited property list? We find out.

Recently, the Telangana government received a lot of public criticism for putting a large number of properties under its prohibited property category on its Dharani portal. According to media reports, more than 20 lakh acres of patta land had been placed under ‘prohibited’ category on the Dharani portal, causing major trouble to landowners in the state. The error on part of the state government caused a lot of issues to land and property owners in Andhra Pradesh, who, despite being the pattadars or patta holders, were not able to sell their land. This brings us to the point, what is prohibited property?

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Prohibited property meaning

As you may be aware, land is a state subject in India. States thus have the authority to make rules and regulations on land ownership and title transfer procedures. States also notify specific land parcels that remain the property of the state even though they are offered to the common public on a leasehold basis. These are known as prohibited property. Properties that are included in the prohibited property list in India are governed under Section 22-A of the Indian Registration Act, 1908.

In Telangana, for instance, government lands that are barren, poramboke, waqf and endowment are typically placed in the prohibited property list.

After instances of encroachment of government land by private parties saw an extreme rise amid large-scale urbanisation, states across India have begun to list prohibited properties whose transaction is banned because these properties are owned by state governments.

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Can you sell a property that has been put by the state government in the prohibited property list?

Since states continue to hold the ownership of all prohibited properties within their jurisdiction, they can’t be sold to a third party by the existing owner. In short, the owner is not free to sell a prohibited property since their registration is banned. Sale, registration and transfer of prohibited property is thus banned.

How to check prohibited property list?

States like Telangana offer a list of prohibited property on their land record portal Dharani.

To search prohibited property on the Dharani portal, visit https://dharani.telangana.gov.in/prohibitedPropertySearchAgri.

Once you select the district, mandal ,village and enter the captcha, hit ‘fetch’. The page that now opens will show you a detailed list of prohibited properties in the state.

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FAQs

What is meant by prohibited land?

Prohibited land are land parcels belonging to the government, which cannot be sold to anyone else.