• Sale deed executed before non alienation period

Hi, 
I have booked an apartment and went of lawyer verification. Lawyer's opinion is as follows:
The lands is a granted land and it was sold before non alienation period without any prior permission from govt. This is violation of non alienation clause. So 3 generations of grantee can file a suit to reclaim the land.
Apart from this non alienation period violation everything else is properly done. 

Below are the event which happened on land:
1. In year 1995 govt granted land to Mr. A with non alienation period of 15 years. 
2. Mr. A sold the land to Mr. B in year 2004(within non alienation period). No govt permission was taken for this. Shiguvadi chit(form 10) was used for sale. 
3. A confirmation need was executed in year 2020 with sale deed dated in year 2004.

3. In year 2023, assistant commissioner issued and endorsement that there are no pending cases on the land. 
4. Mr B along with builder is developing the apartment in joint venture. 

I seek your opinion to know if this will lead to any legal issue in future. And shall I go for this apartment? 

Thanks, 
Abhay
Asked 1 month ago in Property Law
Religion: Hindu

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9 Answers

Don’t purchase the flat as title  is not clear and marketable 

 

property was sold before the lock in period expired 

Ajay Sethi
Advocate, Mumbai
94965 Answers
7576 Consultations

5.0 on 5.0

1. It's not clear in your query as to whether the granted belonged to SC/ST community or not?.

2.  As you have chronologically narrated the transaction that happened in respect of the property till date, wherein 'A' sold the land to 'B' within the non-alienation period in 2004 without obtaining permission from the Deputy Commissioner of the District, then certainly it's prone to dispute. 

Shashidhar S. Sastry
Advocate, Bangalore
5164 Answers
314 Consultations

5.0 on 5.0

1. Essentially the deed was voidable at the option of the Government.

2. However sicne in the passage of time there is no objection noted from the Government , further complications are unlikely to occur.

3.Please see whether any penal clause is there in the Grant deed if there is violation of the 15 years of bar on transfer by the grantee. 

If not then it is safe to buy this plot.

Devajyoti Barman
Advocate, Kolkata
22886 Answers
492 Consultations

5.0 on 5.0

- As per law, no person shall transfer or acquire by transfer any granted land during the non-alienated period without the previous permission of the Government.

- Since, Mr A sold the land within non alienation period of 15 years without getting the property permission of govt , then that sale may be declared as null and void , in case the said govt department taken action 

- Only the non pendency of the case cannot be a ground for validating the sale , and hence you may be face trouble in future. 

Mohammed Shahzad
Advocate, Delhi
13377 Answers
199 Consultations

5.0 on 5.0

The granted land cannot be sold by way of any deed without obtaining prior permission from the competent authority which initially granted the land and hence the transactions of the land are void since inception and hence you are advise to not invest in this property. There can be legal complications.

Shailesh Thakore
Advocate, Ahmedabad
6 Answers

Not rated

The endorsement made by Assistant commissioner in the year 2023  was pertaining to the existing legal disputes if any, it is not clear that if the parties have sought the opinion from the AC  with regard to the alienation of the property by the allottee during the non-alienation period  which is obviously visible from the records.

The scheme or the land may be attractive but the seller will vanish from the scene once the property has been sold, thereafter it will be the head ache of the buyer when there arises a dispute in this regard.

If you are prepared to face the litigation accordingly in future whenever one arises, then you can proceed and if you feel that it will not be possible for you to challenge the future litigation then better think twice before venturing into the purchase

T Kalaiselvan
Advocate, Vellore
85166 Answers
2222 Consultations

5.0 on 5.0

Dear Client,

There is a potential legal issue with the sale of the land from Mr. A to Mr. B within the non-alienation period without prior permission from the government. This violation could allow three generations of grantees to file a suit to reclaim the land.

Also,

The confirmation deed executed in 2020 may have legal implications and could potentially affect the validity of the sale. It's important to understand the details of this deed and whether it addresses the violation of the non-alienation clause. The endorsement issued by the assistant commissioner in 2023 indicates that there are no pending cases on the land; it doesn't necessarily mean that the violation of the non-alienation clause has been addressed or resolved. So, there is a risk that the sale could lead to legal issues in the future, particularly if the three generations of grantees decide to file a suit to reclaim the land.

Anik Miu
Advocate, Bangalore
9028 Answers
110 Consultations

4.7 on 5.0

The title is defective in above matter don’t purchase 

Prashant Nayak
Advocate, Mumbai
32093 Answers
183 Consultations

4.1 on 5.0

Violation of on alienation period, even govt, can reclaim the land. 

 

 assistant commissioner issued endorsement has no value. 

Yogendra Singh Rajawat
Advocate, Jaipur
22671 Answers
31 Consultations

4.4 on 5.0

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