Assuming that Kharab land is allotted to the previous owner, then you will have easementary right to access your land. However you can file an objection, in granting the Kharab land to the previous owner, to the jurisdictional statutory authority, since your registration paper indicates that you are the owner of the land till road.
Can darkast/karab land go to the previous owner
I recently purchased a small piece of land, I have access to a road through Gou Mala which amounts to about 3.5 Guntas which can be considered as kharab land, after perchance now the previous owner keeps mentioning that that piece of access land will be granted to him, which he has given an application for (not shared any documents), I don't want that extra land what I am worried about is access to my land which could potentially be blocked. What can be done here? and is it possible for such a grant, if he gets the land can I file an objection registration paper states land till road.
Asked 2 years ago in Property Law
Religion: Hindu
7 Answers
Hi, Karab land and the road access to your property will not go the previous owner. He can't obstruct the same and he has no right to claim the right over the karab land.
Darkas land is a Government wasteland that has been assigned to the landless poor for cultivation purposes only. It cannot be sold
2) you have easmentary right of necessity for access to your land
The property you purchased is with the easement rights through the common passage, which is termed as kharab land.
under the Karnataka Land Revenue Rules, 1966, Kharab is a technical term that indicates a type of land. During the process of land classification, land that is arable or unfit for cultivation is to be treated as 'pot Kharab'
If it is properly termed as Kharab land, then the darkast for the land by the previous owner is not maintainable.
You can file an objection to his application before the authorities concerned and get it rejected.
Dear client,
Look into the deed and any related documents for your purchased land. Confirm the boundaries, easements, and rights of way. If there's any mention of the access road, it's essential to understand your rights regarding it. If the registration paper clearly states that the land extends up to the road, this documentation might serve as evidence in your favor. Keep all relevant documents safe and accessible. If the previous owner tries to claim the access road, you can file an objection supported by these documents. Consider discussing the matter with the previous owner amicably, if possible. Sometimes, a conversation or negotiation might resolve the issue without legal intervention. If the previous owner is open to dialogue, discuss your concerns about the access road and try to reach an agreement. You can reach out to us for further assistance
Yes you can file a objection for the same
- As per Rule 21 (2) of the Karnataka Land Revenue Rules, the land which is unfit for cultivation is known as Kharab or Pot Kharab land. Such land is not included along with cultivable land in the sale deed and other records. It belongs to the government, which has the powers to take over the land for a public cause.
- Hence, the said owner has not right to get the same , and it can be used by you to access the road
- If owner is creating problem , then you can file a complaint against him before the competent authority.
