• Occupancy Right got in the year 1974-75 from the Spl Dy Commissioner under the Mysore Inam act

Flat promoted on Inam land.They have got the occupancy right in the year 1974-75.They are now approached builders to promote flats under the joint venture.Can the occupants sell the property.They have the certified order oopy from the spl dy commissioner granting occupancy right.Is it safe to buy the flats.
pls give me a answer to this query.
Asked 4 years ago in Property Law
Religion: Hindu

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10 Answers

1) A purchaser of inam land from a tenant in possession after the land had vested in Government is entitled to make an application for registry as permanent tenant. The interest possessed by his vendor was an interest in respect of immoveable property which could be sold. If the vendor-tenant was competent to make an application under the Act, his right to occupancy stood transferred to the purchaser. — Sreenivasamurthy v State of Mysore, (1975)1 Kar. L.J. Jr. 60, Sh. N. 175.

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

On the coming into force of the Inams Abolition Act, 1954 (‘Act of 1954’ for short) the lands in question lost the character of inam lands and the persons in whose favour occupancy rights were granted became superior holders or owners thereof of the said lands. All rights that existed prior to the Act of 1954 extinguished on the lands being vested in the Government, barring the right of certain tenants under the inamdar who were entitled to the limited right of continuing as tenants of the lands of which they were tenants immediately before the date of vesting.

2) a division bench of karntaka HC in MUNIYALLAPPA v. KRISHNAMURTHY 1977 (1) KAR LJ 700 while pronouncing on the scope and applicability of the Act in respect of agricultural lands in former inam villages, observed:

“Agricultural lands in former Inam villages are not excluded from the purview of the Land Reforms Act. The consequence vesting of inam lands in the State under the Inams Abolition Act is that the lands absolutely vested in the State and all rights of inamdar and tenants under him are extinguished and the only right of the inamdar and his tenants, whether Kadim tenant, permanent tenant or quasi – permanent tenant, is to make applications for grant of occupancy. The State thereafter when it grants occupancy under Sections 4, 5 and 6 or 9 of the Inams Abolitions Act, confers fresh title on the grantees of occupancy. All prior rights are extinguished, except as provided under Section 9A, where under in the case of other tenants they are entitled to continue as tenants of the lands of which they were tenants immediately before the date of vesting.”

3) Section 45 of the Karnataka Land Reforms Act, 1961 (‘the Act of ‘1961’ for short) which spells out the persons who are entitled to make an application for being registered as occupants. Section 45 of Act of 1961 reads:

“45. Tenants to be registered as occupants of land on certain conditions – (1) Subject to the provisions of the succeeding sections of this Chapter, every person who was a permanent tenant, protected tenant or other tenant or where a tenant has lawfully sub-let, such sub-tenant shall with effect on and from the date of vesting be entitled to be registered as an occupant in respect of the lands of which he was a permanent tenant, protected tenant or other tenant or sub-tenant before the date of vesting and which he has been cultivating personally.”

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

A. In my opinion, once occupancy right conferred by the Government by collecting premium amount that become absolute right of the Title Holder. As per the Mysore Inams Abolition Laws (Amendment) Act, 1973 speaks about no person shall be entitled to be registered as an occupant unless he makes to the Deputy Commissioner an application. Hence, occupancy right confirmed by the Special Deputy Commissioner by collection of prescribed premium amount shall be considered as perfect right. you need to verify whether any certain non alienation period conditions was imposed by the Government or not at the time of re grant? Moreover, As far as the Village Office is concerned that if the owner of the land alienated the property despite condition imposed by the Government in the year between 01.02.1963 and 07.08.1978 that transaction also valid which means before commencement of the Act (Karnataka Village Office Abolition Act 1978)..

B. Secondly, when a land owner satisfy the statutory compliance and the same land needs to be converted from agricultural to non agricultural residential purpose from the Deputy or Special Deputy Commissioner. Before conversion of the agricultural land that Deputy Commissioner shall verify as to whether the land was granted or not? if granted, what was the terms and conditions? Whether the land owner has paid prescribed premium to the Government if the land was granted under occupancy right under inam act? And what was the nature of the land? Whether the land attracts to PTCL Act or not? etc. Hence, once the Deputy Commissioner gets the clear clarity on this land then only he will issue Conversion order from the Agricultural to Non agricultural residential purpose.

C. Finally, I hereby advised to get legal opinion from the Property Lawyer by showing all the revenue documents in connection with this land.

B.T. Ravi
Advocate, Bangalore
943 Answers
96 Consultations

5.0 on 5.0

Yes they can, but I still Advice you to go to registrar and inquire a bit about it.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Dear Sir,

If every thing is o.k. then you can purchase the flat. We have to look into the fact as to whether such sale was legal or violative of any of the conditions to avoid future complications. Further the name of Inam Land is to be looked into. The following relevant provisions to be looked into. Whether the land was converted into Non Agricultural Land. Thus several factors to be looked into. As the flats are already constructed even if there is any irregularity the government take some penalty then regularize the same. Be confident and with free mind purchase. For every purchase of immovable property there will sort of risk. Nothing to worry.

The relevant portion of the relevant Sections read:-

====================================================================================

Mysore (Religious and Charitable) Inarns Abolition Act, 1955.

=========================================================================================

Under the provisions of the Act all religious inam lands stood vested in the State Government with effect from 1-4-1959, on which date the Act came into force. The Act provided that after the Inam tenure is abolished, and the lands are vested in the State, occupancy rights in respect of erstwhile inam lands be conferred in favour of persons who were Kadim tenants and Permanent tenants under Sections 4 and 5 of the Act respectively. In respect of other tenants, other than Kadim tenants and permanent tenants, Section 6 of the Act provided that from the date of vesting the said tenants shall continue as tenants under the Government in respect of the lands of which they were the tenants under the Inamdar prior to the date of vesting. Section 8 of the Act provided that except in respect of the categories of lands specified in the said Section, the Inamdar was entitled to be registered as an occupant of the lands which stood vested in the Government consequent on the Abolition of the Inam lands. The relevant portion of the relevant Sections read:-

"4. Kadim tenants to be registered as occupants of their holdings:- (1) Every Kadim tenant of the Inamdar shall, with effect on and from the date of vesting, be entitled to be registered as an occupant in respect of all lands which, immediately before the date of vesting, were properly included in his holding."

xxx xxx xxx "5. PERMANENT TENANTS TO BE REGISTERED AS OCCUPANTS ON CERTAIN CONDITIONS:- (1) Subject to the provisions of Sub-section (2), every permanent tenant of the inamdar shall, with effect on and from the date of vesting, be entitled to be registered as an occupant in respect of all lands of which he was a permanent tenant immediately before the date of vesting."

xxx xxx xxx

6. OTHER TENANTS TO BE TENANTS UNDER GOVERNMENT:- Every tenant of the Inamdar other than a kadim tenant or a permanent tenant shall, with effect on and from the date of vesting, and subject to the provisions of Chapter IV, be entitled to be continued as a tenant under the Government in respect of land of which he was a tenant under the Inamdar immediately before the date of vesting.

xxx xxx xxx

8. LANDS AND BUILDINGS TO VEST IN THE INAMDAR:- (1) Subject to the provisions of Sub-section (3) every inamdar shall, with effect on and from the date of vesting, be entitled to be registered as an occupant of all lands other than -

(i) communal lands, waste lands, gomal lands, forest lands; tank beds, mines, quarries, rivers, streams, tanks and irrigation works;

(ii) lands in respect of which any person is entitled to be registered under Sections 4 or 5; or is entitled to be continued as a tenant under Section 6; and

(iii) lands upon which have been erected buildings owned by any person other than the Inamdar."

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Dear Client,

Inam lands cannot be regarded as individual property of grantee. Make sure complete family is agreed for joint venture and further sale of flats.

Joint venture agreement must execute between builder and family members or on their behalf by any member.

Also, make sure that Inam land shall not include given below -

all rights, title and interest vesting in the inamdar including those in all communal lands, cultivated lands, uncultivated lands, whether assessed or not, waste lands, pasture lands, forests, mines and minerals, quarries, rivers and streams, tanks and irrigation works, fisheries, and ferries shall cease and be vested absolutely in the State Government, free from all encumbrances.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Yes they can sell it's safe. Just execute a Registered sale deed and check title search.

Prashant Nayak
Advocate, Mumbai
27228 Answers
88 Consultations

4.4 on 5.0

If the conditions of the Inam land have been fully complied with and the land has been duly converted into residential plots and an approval has been obtained from the competent authority and there is no legal hassle in this inam land allotted to the vendor, aft5er taking a legal opinion from an advocate in the local, you may proceed to buy the same ion the basis and opinion and recommendation of the advocate chosen

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

The occupancy right is got from the Spl dy commissioner as per the Mysore inam act.Can the people who got the occupancy right sell their land

Occupancy rights granted by the Dy. Commissioner alone will not confer them with the rights to alienate the property, you may go through the conditions of the conditions while granting permission for conversion.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

Hi,

The occupancy right granted by SPL DY Commissioner is valid and you may buy that property.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

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