The property was converted to non agricultural and lay out of plot also was approved by the competent authority hence it cannot be claimed by the next generation children especially if the original owner had sold this property.
Inheritance rights of converted Kumki land
Dear Advocates, I am planning to buy a property that has layout approval. After researching a bit I found that the land was previously kumki that was transferred to the owner as a grant by Tahashildar. He later got approval to convert this land into residential layouts registered under Panchayat, and so far the documents have been good. I also found that the big agricultural land that was attached to the above said Kumki land is still in the name of his father. And the sale happens with the consent of his elders. Considering that the owner of above layout (and his sibling) have minor kids , can they claim right against this layout the future (which was previously Kumki) when thr kids mature ? Are there any potential risks?
Asked 1 year ago in Property Law
Religion: Hindu
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5 Answers
It is not ancestral property
minor children have no share in said land during father lifetime
Original grantee obtained layout of the land from Panchayat, it means that that restriction on sale of grant is expired. You can obtain consent of all major relatives. Minor relatives cannot challenge the sanction to layout but they can challenge the sale of land after attaining majority. It safe to obtain permission form Court for sale of land in respect of sale of share of minors.
1. Since the Kumki land was granted to the owner by the Tahsildar, one has to look into the lock-in period, if any in the order.
2. If there were to be no lock-in period, then the owner's action of getting the land converted into residentially converted land by the Deputy Commissioner of the District and getting layout's plan sanctioned by the jurisdictional Panchayat will be in order.
3. Even though the big agricultural land that's attached to the Kumki land is still in the name of his father, doesn't affect the independent rights of the owner of the granted land, which was earlier Kumki land.
4. There could be no legal potential risks to be foreseen by the minor kids claiming rights over the layout as this Kumki land grant is to be treated as his self acquired property and the owner of such self acquired property is independent to take any decision regarding such land such as forming layout, gifting the land to a stranger or a relative or to a charitable organisation.
Dear Client,
Typically, kumki land refers to land in Karnataka which is assigned for agricultural purposes or grazing and is attached to a patta land. Kumki land itself does not confer ownership rights and is subject to restrictions on transfer and use. The conversion of kumki land to a residential layout must be properly sanctioned by the relevant authorities. Ensure that all necessary permissions were obtained legally, and the conversion is properly documented. Check for any conditions or restrictions attached to the grant or conversion. If the layout land was originally part of ancestral property, minor children might have a claim upon reaching adulthood, asserting their right to a share. While obtaining consent from family elders is a positive step, it is crucial that all legal heirs are part of the consent process. For minors, this usually requires court approval to ensure their interests are protected. Consulting a property lawyer to thoroughly review all documents and potential risks is highly recommended to avoid future disputes. Should you require any further clarification, please do not hesitate to contact us.
