• PTCL Act

Hi I am manju  from mandya  karnataka
My grand parents has purchased land of 3 aches on dated 21/12/1948 from the sc people and now the grand children of the person who has done sale to us has filed the case in AC court as per the PT CL act the land is belong to them 
Please clarify me whether it's true and we will lose the land 

Thanks 

Manju
Asked 6 months ago in Property Law from Mandya, Karnataka
Religion: Hindu
Hi
The act came into effect in 1978.
If the land was belonging to Adivasi /sc, transfer is not allowed under the existing provisions.
However the available defense you should make use,like the eligibility of the grantee ,the permission granted by authorities, years of occupancy authorised by revenue department.etc.
There are many no of cases in Karnataka by the new generation of the original grantee. 

the sale has taken place in 1948 even before the existing acts came  into force and it  is not more that 60 years ,so they can claim it back.

asper the provisions the land can be recovered by the legal heirs if sold again the existing legal  provisions.
The provisions says    
"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 labourers 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. This law has become a source of corruption 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 5–60 years even if land has changed hands officially through Registered Sale Deeds a number of times.
  This law is retrospective in natureEx post facto law in 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"
Thresiamma G. Mathew
Advocate, Mumbai
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Hi, As they filed the case after lapse of 67 years, i don't think their claim will be stand in the Court. But you have to contest the case on merits.
Pradeep Bharathipura
Advocate, Bangalore
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133 Consultations
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1) For purchase of land belonging to scheduled caste you need prior permission of collector 

2) I presume you don't belong to schedule caste 

3) it is necessary to peruse the case papers to advise further 
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
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Nobody can clarify anything. You have the right to contest the suit filed against you. If the sale deed was properly executed by the seller or anybody for/on his behalf then you cannot lose your land if you contest the case in the right manner.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
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If tjhe land was purchased in the year 1948 nothing to worrry about it because the PTCL act came into force only in the year 1978 under the provisions of the Karnataka Schedule Caste & Schedule Tribes (PTCL) Act, 1978. 
Therefore their claim at this stage is not maintainable.  
There are lot of other issues to be clarified before givein you more concrete opinion to this query, they are :
The Karnataka Government, through a circular dated 03/10/2006 bearing No.RD/41/LGP/2006 issued by the Principal Secretary, Revenue Department, has formulated new guidelines pertaining to obtaining such sale permission.
In cases where five years have not elapsed from the date of grant, permission for selling such grant land will be rejected. In cases where more than five years have elapsed from the date of grant, i.e. say 10, 15, 20 or 25 years, if the government grants permission to alienate such land based on the financial background of a person or family, the grantee should deposit 50 per cent of the sales realisation under Rule 9(1) (i) of the Karnataka Land Grant Rules, 1969.
If the non-alienation period is over, the government, after considering the financial background of such grantee, can give permission to sell the land concerned provided the grantee purchases some other land by investing the sale consideration received.

There are many issues that need to be clarified to  before rendering you the proper opinion to your issue, hence it is better to clarify  a local well experienced lawyer practicing in the field of property law to become more aware of the situation by producing all the relevant documents before him/her.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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