There is land located in Bangalore having 2 acres of land which was granted to Mr.Ramesh issued by Special deputy commissioner for abolition of inams granting occupancy rigts in favour of Mr Ramesh. Mutation shows Mr. Ramesh name. Originally it was Bajanthri inam land. Mr. Ramesh (who got occupancy rights ), requested for DC conversion & it got converted by Deputy Commissioner. Now he started selling by making it as sites. I am planning to buy 1200 sqft out of 2 acres of land which is DC conversion site. My question - (1) Selling land by Mr. Ramesh is legally valid ? because he was given occupancy rights only.So who got occupancy rights based upon inam abolition act, does he have right to transfer property as sale ? is DC permission needed to sale? will there be any conditions for these type of lands which is granted & converted now ? is it right to buy as it is converted ?
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1. "INAM land" are classified as "new tenure lands" and CANNOT be sold, without the express written orders passed by the district collector. Such illegally sold lands are liable for confiscation by the tahsil office.
2. ONLY "free hold" or "old tenure" lands can be sold /purchased for appropriate usage as per the town planning act.
1. Yes it is valid
2. yes he can sell the land
3. No DC permission is required for the same
4. You may go ahead any buy
You may just get the title of the property checked before purchasing it through an advocate.
Regards
Dear Client,
Inam land vest in govt. Purchase not advisable.
No if he had only occupancy rights you will never get back good title. You may need sale permission from DC
Dear Sir,
For every agriculture land conversion is necessary by DC. Show all the documents to an expert otherwise there will be so many issues. You are investing hard earned money. Get each document reviewed by expert.
please go through the document by which Mr. Ramesh obtained the right whatever be in nature over the land. the said document will speak, what Ramesh can do and what don't.
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. ... 1979 amending act takes away jurisdiction of DC to confer occupancy rights over inam lands and gives to Land Tribunal.
Vesting of tenanted inam land in State Government is not absolute but is subject to vested right of tenant to got occupancy conferred on him and conferment of occupancy right on tenant by Special Deputy Commissioner does not amount to making grant of land — Alienation of inam land by tenant after fitting occupancy right conferred on him is not hit by prohibition contained in Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978.
Dear client
Mr ramesh does not have right on the land as owner he is just a permanent tenant or occupant of land and he can only sub let the land and transfer the occupancy right of land.
“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.”
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.”
I am still humbly requesting to provide me this information. History - (1) Land was Bajanthri Inam Land endowed to Temple. (2) and Mr. Ramesh filed application in 22/1/1974 and it was registered as Occupant under s/c 6 of Karanataka ( R & C ) Inams Abolition Act 1955 and subject to provision of section 27 A of said Act and subject to payment of 200 rupees to govt. (3) Sepcial Deputy comminissioner for abolition of inams,Bangalore has ordered to be registered as occupant to Mr.Ramesh u/s 6 of Karnataka ( R & C) Inams abolition Act,1955 as payment of 200 for ownership of this land as per s/c 27 of Amended act 1973. (3) In RTC, it shows Mr. Ramesh name (4) Mr. Ramesh applied for DC conversion and it was approved. (5) Now Mr. Ramesh has sold couple of DC conversion sites by making it as 1200 sqft. (6) I am planning to buy one of land having 1200 sqft. Question - Is it legal to buy this land ? (I understand it needs BBMP/BDA/BMRDA approval, which can be excluded). My question is that - (1) Person who gets land as per inam abolition act 1955 and got registereted as occupant of ownership by DC of Inams abolition .....does he have right to transfer of property after conversion like can he sell land ? or as he has given occupancy rights as per inams abolition act 1955, so he is supposed to stay himself only ( as he converted now from agri to nonagr). or as it is converted then can temple trust file case and get it back as it is no more cultivable land ? is he supposed to return back to temple trust after doing DC conversion ? DOES HE HAVE AUTHORITY for TRANSFER OF LAND after getting Occupant rights of ownership as per inam abolition act ? Any supreme court case related to this ? Please tell me yes/no.
without reference of the property documents with available conversion papers it is not good to opinion. Regarding inaam land.
You can buy the land but you will only possession. Title may be defective.