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"