• How to make sure agriculture land is not prohibited and safe to buy

Dear Sir 

I am planning to buy 8 acres agriculture land in Shadipur village panchayat located in the Gulbarga district of Karnataka. 

The owner is from Muslim community however he had purchased this land from tribal community ( ST/ Naik). When i verified on sale deed whole family has signed ( 3 brothers, their wifes and son from ST family) on the sale deed agreement executed.

is there any way to obtain legal opinion to verify the documents before i purchase ? I am ready to pay for the service. Please do the needful

Kind Regards 
Srikanth
Asked 1 month ago in Property Law
Religion: Hindu

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10 Answers

The land transferred by a member of ST community to a non tribal is not valid.

Therefore so not buy this property. No valid title would pass on to you. 

Devajyoti Barman
Advocate, Kolkata
22141 Answers
331 Consultations

5.0 on 5.0

1. ST land is allotted by Govt. for their self-sustenance.  Such Land CANNOT be Sold /Purchased without district Collector's permission.

2. You may prefer to contact me for Scrutiny of the land documents and legal report thereon.

Keep Smiling .... Hemant Agarwal

VISIT: www.chshelpforum.com

 

Hemant Agarwal
Advocate, Mumbai
5546 Answers
25 Consultations

5.0 on 5.0

You can produce the relevant copies of property documents before any lawyer either from this forum or in the local in your native city in India. 

T Kalaiselvan
Advocate, Vellore
71133 Answers
1012 Consultations

5.0 on 5.0

You can contact any local lawyer on this website from Karnataka to take title search 

 

2) obtain his written opinion that title is clear and marketable 

 

3) if land is not granted by govt tribal could have sold the land 

 

4) otherwise prior permission is necessary from collector to sell the land 

Ajay Sethi
Advocate, Mumbai
81077 Answers
5010 Consultations

5.0 on 5.0

It is not advisable to buy land if title is not clear and marketable 

 

2) it is necessary to peruse chain of documents of title to advice 

Ajay Sethi
Advocate, Mumbai
81077 Answers
5010 Consultations

5.0 on 5.0

Dear sir/madam,

If the land is not granted by the government, it might turn out to be problematic. Your  ownership of the land might be a risk in future.

 

Buying the SC/ST land attracts PTCL act

If the land is self earned, not much problem.

If the land was granted by the government, then you need to be careful.

 

The problem lies in the fact that when the grantee goes to sell the land which he is not supposed to the Govt does not refuse to register this Sale but officially accepts it as a legal sale. Later the grantee goes back to the Govt and claims this land back. The law then says the land has to be returned to the grantee without any compensation.

 

Note:

Buying land from SC ST Karnataka: The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978

An Act to provide for the prohibition of transfer of certain lands granted by the government, to persons belonging to the scheduled castes and scheduled tribes in the state, which means any land granted to the landless agricultural laborer's belonging to scheduled castes and scheduled tribes, cannot be purchased.

Anyone who purchases such a property, will not get clear and marketable title; such property will be eventually acquired by Government and returned to the original owner without any compensation to the purchaser.

Prohibition of transfer of granted lands.- (1) Notwithstanding anything in any law, agreement, contract or instrument, any transfer of granted land made either before or after the commencement of this Act, in contravention of the terms of the grant of such land or the law providing for such grant, or sub-section (2) shall be null and void and no right, title or interest in such land shall be conveyed or be deemed ever to have conveyed by such transfer. (2) No person shall, after the commencement of this Act, transfer or acquire by transfer any granted land without the previous permission of the Government. (3) The provisions of sub-sections (1) and (2) shall apply also to the sale of any land in execution of a decree or order of a civil court or of any award or order of any other authority.

Limitations of the Act a) Land cannot be sold without permission from Govt. within 15 years b) Most grantees sell the land immediately on receiving the granted land. This is officially registered as a Sale of Property by the Govt. of Karnataka. The Transfer of Property Act 1882 c) The original grantee or his heirs can claim the land back after 100 years even if land has changed hands officially through Registered Sale Deeds a number of times. Strangely The Limitation Act Does not apply to this law e) This law is retrospective in nature Ex post facto law India d) The current owner should handover possession including building, trees etc. without any compensation even if taxes are paid and land has been registered in the purchasers name by the Govt. of Karnataka. f) The current owner may have purchased it from another party and may be the third or fourth in line in which the property has changed hands. But only the current owner is expected to bear the loss of all accumulated purchases and sales g) International Real Estate Companies have warned about investing in Bangalore because this law does not have a Limited time period and other laws which lack clarity and need to be altered by the State Govt of Karnataka for clarity and justice.

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Anik Miu
Advocate, Bangalore
515 Answers
3 Consultations

5.0 on 5.0

- As per Section 42 of the SC, ST Act, there is restrictions on sale, gift and bequest of the interest of Scheduled Caste and Scheduled Tribe, in the whole or part of their holding, due to the reasons that they are not being exploited by the members of non-Scheduled Caste and Scheduled Tribe. 

- Further, a scheduled tribe land holder can only sell his land to schedule tribe person. if anyone buy a land from a scheduled tribe by hiding facts, then he can be behind the bar , and further government will return back the land to original land owner at anytime if he approaches authority.

-  Further, the Supreme Court has declared that land allotted to the nomadic tribes or members of the Scheduled Castes and Scheduled Tribes cannot be transferred or sold without prior permission from the government.

- Further , the Stamp duty and registration fee are exempted on the sale deeds of immovable property , if it purchased by the scheduled castes and scheduled tribes.

- Hence, a permission is mandatory to sell /purchase the property ST to another community 

1. If that land not granted by the government , then after going through the documents , you can purchase the same. 

2. same reply

3. As above 

4. As above.

Mohammed Shahzad
Advocate, Delhi
6267 Answers
64 Consultations

5.0 on 5.0

1. You have mentioned that the three brothers and his son of the owner of the property, who belong to ST community, have signed the sale deed, which makes it clear that this should be land allotted by government to the owner under ST welfare scheme.

Did you see the original registered title deed of the owner who belong to ST community?, if it is not there then you can conclude that this property was allotted to him by government with conditions that the same can be sold only to the same community people and not to others.

Therefore it is you who have to confirm the same, because your incomplete information may not fetch you proper opinion to the property you propose to buy, in fact by your incomplete information you may fetch only misleading opinions. 

2. Instead of asking this question here, which is very vague in connection wit the property, you may peruse the original registered title documents standing on the name of the original owner, which is called as parent document or mother deed.  

That is why it is always advised  that one should refer the matter before an experienced and skilled advocate along with all relevant documents pertaining to the property and obtain a proper legal opinion in order to confirm that the property is worth buying or not and free from all legal hassles. 

 

3. You can visit the local revenue department and verify the details in person. 

 

4. Without perusing the documents pertaining to this property, any opinion given based  on your incomplete information would be a misguiding opinion and would land you in legal trouble  at a later stage.

 

T Kalaiselvan
Advocate, Vellore
71133 Answers
1012 Consultations

5.0 on 5.0

Hi, as per latest amendment to the Karnataka Land Reforms Act, there is no bar and  one can purchase the Agricultural land in Karnataka. If the property was grant land then above provisions will not applicable. Whether the land is granted land or not you need to get opinion from the local advocate.

Pradeep Bharathipura
Advocate, Bangalore
4985 Answers
258 Consultations

4.5 on 5.0

If it's ST land then it can be only sold to ST. 

Then you can go ahead with land transaction

You can check the same from website of collector or land revenue. But for encrumbance certificate you need to go to the said office

Only recommended if you too are a SC

Prashant Nayak
Advocate, Mumbai
23089 Answers
49 Consultations

4.4 on 5.0

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