1. Conversion certificate issued subsequent to the transfer deed does not cause any adverse effect on the title deed of the seller.

2.So there is no need to worry solely on this account.

3.If the title of your seller is otherwise clean then you should proceed with the sale.

4.However do get the title deed checked once by a local lawyer.

Agricultural land should be converted into NA land then only land sold by seller

2) cancel the sale deed

3) then enter into fresh agreement for sale of property

4) register the sale deed

1. You can buy the said property though its character has been changed.

2. The present seller should mention about the said conversion in the recital of the sale deed which he will register in your name.

Your query is not clear!

You have already registered, then why do you go for registration again?

Once registered, if you apply for EC, it should reflect your name.

The mutation of the land is not complete so please ask the seller to get it completed to reflect his name on revenue records.

Firstly, how it is possible to get the registration done in the favour of seller.

It is obvious that since conversion was done after the sale deed was executed in the favor of the present seller in Feb 17, the factum of conversion doesn't finds place in the sale deed.

You can purchase the property once you get the title of the property verified through a lawyer.

Contact a local Lawyer and get done the legal due diligence of this property.

You may go ahead and purchase he land.

If in RTC name of present seller is mentioned and the present seller is the rightful owner of the land then there is no legal impediment in purchasing the land.

Get a non encumbrance certificate before purchasing the land.

Let me know if there is some factual inconsistency in my answer.

Regards

Dear Sir,

Now it has changed its nature and you have to get the entries changed in the concerned records then purchase the land as a non-agricultural land.

It appears, since proceedings were initiated by the original first seller so conversion orders were passed in his name and before passing such order, sale deed was executed. It is the right procedure. Now one has to bring to the notice of the concerned get the entries accordingly as non agricultural land and then purchase the land.

If you go ahead with the purchase of land, as an agricultural and you may save large amount of stamp duty, it is also ok because normally no body challanges it but you have to comply the following section that is you must be an agriculturist and your income is less than Rs.25 lakhs.

Chapter V Restrictions on holding or transfer of agricultural lands

79A. Acquisition of land by certain persons prohibited.—

(1)

On and from the commencement of the the karnataka Land Reforms (Amendment) Act, 2015, no person who or a family or a joint family which has an assured annual income of not less than rupees two lakhs from sources other than agricultural lands shall be entitled to acquire any land whether as land owner, landlord, tenant or mortgagee with possession or otherwise or partly in one capacity and partly in another.

(2)

For purposes of sub-section (1)—

(i)the aggregate income of all the members of a family or a joint family from sources other than agricultural land shall be deemed to be income of the family or joint family, as the case may be, from such sources;

(ii)a person or a family or a joint family shall be deemed to have an assured annual income of not less than rupees twenty five lakhs from sources other than agricultural land on any day if such person or family or joint family had an average annual income of not less than rupees twenty five lakhs from such sources during a period of five consecutive years preceding such day.

Explanation.—A person who or a family or a joint family which has been assessed to income tax under the Income Tax Act, 1961 (Central Act 43 of 1961) on an yearly total income of not less than rupees twenty five lakhs for five consecutive years shall be deemed to have an average annual income of not less than rupees two lakhs from sources other than agricultural lands.

(3)

Every acquisition of land otherwise than by way of inheritance or bequest in contravention of this section shall be null and void.

(4)

Where a person acquires land in contravention of sub-section (1) or acquires it by bequest or inheritence he shall, within ninety days from the date of acquisition, furnish to the Tahsildar having jurisdiction over the Taluk where the land acquired or the greater part of it is situated a declaration containing the following particulars, namely:—

(i)particulars of all lands;

(ii)the average annual income of himself or the family;

(iii)such other particulars as may be prescribed.

(5)

The Tahsildar shall, on receipt of the declaration under sub-section (4) and after such enquiry as may be prescribed send a statement containing the prescribed particulars relating to such land to the Deputy Commissioner who shall, by notification, declare that with effect from such date as may be specified in the notification, such land shall stand transferred to and vest in the State Government without further assurance free from all encumbrances. From the date specified in such notification the Deputy Commissioner may take possession of such land in such manner as may be prescribe .

(6)

For the land vesting in the State Government under sub-section (5), where the acquisition of the land was by bequest or inheritance, an amount as specified in section 72 shall be paid and where the acquisition was otherwise than by bequest or inheritance, no amount shall be paid.

1. Agricultural land has to be converted before sale.

2. If the seller is ready then cancel the sale deed and execute a fresh sale deed wherein the factum of conversion is mentioned.

You can go ahead with the purchase as per the present status of land, if you so desire.

If the conversion details are not mentioned in the sale deed,then what is the property that the seller is selling you?

Even now, if the sale deed is pending for registration, you may ask the vendor to redraft the recitals in the sale deed so that this issue is clearly reflected in the sale deed.

If earlier registration and property card has seller name then it's ok. Mention the same in sale deed also for future convinience

In bangalore, beware of the land deals as fabrication of records and cheating is high.

Even banks will get absolved and hold you liable in the event of cheating.

Therefore, no lawyers opinion will be final as it is only a guidance.

You have to take 30 years title search in sub registrar office

Check whether title is clear and marketable

If two lawyers opinions do not satisfy you then you may take opinion from some other lawyer preferably from a forum like this.

You can engage the services of any expert lawyer of this forum by getting their contact details available agaisnt their names and get proper opinion by referring all the relevant papers before them.

You can get the document verified from he registrar office, where the land is registered and see if the records are there in the government file also.

For any document issued by government you can get its authenticity checked at the corresponding government office.

Regards

The lawyers will verify the documents for you.

You can verify the same at sub registrar office where as per jurisdiction of your property. You can get a title search report from them which will show the valid title in the said property.

1. Yes, one should be very careful while buying immovable properties in India.

2. Engage a lawyer asking him to submit a due diligence report about the property.

3. You can also apply for Bank loan and in that case the Bank will get the title of the property searched before providing you the loan for your buying the said property which will make you relatively assured about the genuineness of the title of the property and the proposed deal.

You must conduct a title search in the office of sub-registrar to verify the chain of title.

I hope the query must have been resolved by now. I get it on my mobile now. No doubt, the title holds good for purchase but when we search the record after Feb., 2017, will find that the owne of the land is the seller at present. This will create problem when we sell the land to someone.

What I understand is that you purchased the leasehold land from seller and got executed sale deed of leasehold land registered in your favour in Feb., 2017. Since you have not got your name mutated in the record of Bangalore Authority for the leasehold land on the basis of sale deed Feb., 2017, the conversion took place in the name of the original allottee for freehold land. Now, you contact the local lawyer from whom you got executed the sale deed in Feb., 2017 to prepare a supplementary sale deed stating that you have purchased the leasehold rights of the land by virtue of sale deed dated Feb., 2017 from the seller. The seller got the land converted from lease hold to freehold vide conveyance deed dated.... whereas the seller has already received sale consideration of the freehold land and executed sale deed for leasehold land in Feb., 2017. Whereas seller hereby transfer freehold rights of the land in favour of the purchaser by virtue of this supplementary sale deed and the sale deed dated Feb., 2017 may be read with supplementary sale deed dated...........

In this way, your name will be reflected in the RTC.