An Agricultural land an extent of 1 A-02 G survey no. 9 Chunchagatta Villege, Uttarahally Hobli, Bangalore South Taluk, Bangalore district. one Sri ChikkaThimmarayappa Vide application no 246/1968-69. filed application before the Assistant Commissioner to granted the said land. in the year 1977 the Assistant Commissioner issued the final orders of granting the land, one of the condition that that the land should not alienate for 15 year from the date of order. in the year 2005 Sri ChikkaThimmarayappa sold the schedule land to Sri S. G. shamanna, with out obtaining any permission from any Authority. My question now:- since in the Grant orders it is clearly mention the not to alienate for 15 years condition. ( 1977 to 2005 = 28 ) is the purchaser will suffer any defective tittle. Since Sri. S G Shamanna had already gifted some portion of the property to his daughter whether will this documents has a valid tittle. His Daughter had formed some sites on this scheduled property whether subsequent buyers are going to suffer because of any of above lacuna. please suggest me your valuable opinions. Thanks And Regards Venu Saragur Mars Consultants
1) land has been sold after expiry of 15 years hence purchaser has clear and marketable title to property
2) if gift deed has been executed after 15 years then daughter has clear title to the property
3) daughter can sell the plots on sub division of land
1. It is not clear whether prior permission was required for selling of the land or not. It appears only embargo was for 15 years and no previous sanction from the granting authority was required for selling the land after expiry of 15 years.
2. If that is so then the sale is valid and it does not suffer from infirmity.
3. So the deed of grant is to be seen to advise clealry.
Dear Client,
There`s no condition of prior permission before sale but only lock in period of 15 years, which is over long back.
Title is clear.
GIFT Deed is valid and clear transfer of title.
No lacuna exits.
1. yes the title is defective and the same can be challenged.
2. If later some one challenges the sale then he will suffer otherwise there is no problem.
Regards
Dear Sir,
It all depends on the mentality of the Revenue Officers. In most of the cases it will not be looked seriously and the lacuna will be ignored. In your case the grant seems to be made in the year 1977 and first sale was made in the year 2008. Thus it was sold after clog period of 15 years. Thereafter permission of the Deputy Commissioner is not necessary since it was sold after the prescribed period.
Based on the contents you have given above, it appears that the sale of property was done after the expiration of the restrictive period, hence ther should not be any legal impediment.
However without seeing the property related papers no concrete opinion can be rendered.
If you are a buyer then you should obtain a proper legal opinion from a local lawyer by producing the property papers before him
