• Is KLR act 48A verification a must have for purchasing flat

Hi,

I booked a flat in bangalore and got all legal documents from builder except KLR act 48 document. As per one of the lawyer all other documents are fine but KLR act 48 documents is a must to check while my builder doesnt have it. Even though he has given 79 a & b endorsement and as per verification its fine. I wanted to know if i should proceed with purchase of flat in case of unavailability of 48A endorsement from builder?

Thanks,
Abhishek
Asked 3 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
 Section 48-A provides for making of application to the Tribunal by a person entitled to be registered as an occupant under Section 45 and an enquiry on such application. Section 48-A(2) of the Act runs thus:

(2) On receipt of the application, the Tribunal shall publish or cause to be published a public notice in the village in which the land is situated calling upon the landlord and all other persons having an interest in the land to appear before it on the date specified in the notice. The Tribunal shall also issue individual notices to the persons mentioned in the application and also to such others as may appear to it to be interested in the land.

A plain reading of the aforesaid provision makes it clear that in a proceeding commenced by the Land Tribunal, over an application in Form No. 7, under Section 48(A)(1) of the Act, to confer occupancy rights, the persons who are entitled to notice and to participate must also be those who can show that they have an interest in the land.

The consequences of the conferring of occupancy rights by the Land Tribunal results in its registration under Section 55 of the Act which reads:

55. Issue of certificate of registration.- (1) On receipt of the final orders passed under Sub-section (4) or Sub-section (5) of Section 48-A, subject to such rules as may be prescribed, the Tahsildar shall issue a certificate that the tenant has been registered as an occupant. The certificate shall be conclusive evidence of such registration.

2)builder has to provide the documents for verification so that the title of the property can be established.  you should go by your local lawyer opinion as he is familiar with local legal requirements 
Ajay Sethi
Advocate, Mumbai
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it means property is pendente lite and no proper title can be transfer from the owner. you should check the status of 48-A otherwise your title will be under consideration of the award of tribunal 
Shivendra Pratap Singh
Advocate, Lucknow
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1) Section 48A determines occupancy  rights of the land 

2) Any person who claims occupancy rights has  to make application to tribunal for being registeted as occupant and tribunal on being satisfied passes final orders in this regard 

3) certificate  issued by tehsildar that person is registered as occupant of the land shall be conclusive 

Ajay Sethi
Advocate, Mumbai
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Well please appreciate that land laws and muicipal rules vary in each states.
Hence someone form your locality can throw light on your problem.
Devajyoti Barman
Advocate, Kolkata
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As per the referred provisions of the law which is given below:
(4) Where no objection is filed, the Tribunal may, after such verification
as it considers necessary, by order either grant or reject the application.
(5) Where an objection is filed disputing the validity of the applicant’s
claim or setting up a rival claim, the Tribunal shall, after enquiry, determine, 
by order, the person entitled to be registered as occupant and pass orders
accordingly.

[(5A) Where there is no objection in respect of any part of the claim, the
Tribunal may at once pass orders granting the application as regards that
part and proceed separately in respect of the other part objected to.

Thus in case there is a claim by any person at a later stage giving objections to the same, i.e., if the builder did not obtain permission under section 48A KLR, then this problem may arise, but you can decide based on the prevailing circumstances in this regard. 

T Kalaiselvan
Advocate, Vellore
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I read the same details online. Can you please tell me in layman terms why KLR48A is important and what point it establishes in flat purchase.? What will be consequences if in future some issue os found with KLR48A endorsement?


First of all you should understand that it is an application made for the reasons as provided in the law:
(1) Every person entitled to be
registered as an occupant under section 45 may make an application to the
Tribunal in this behalf. Every such application shall, save as provided in this
Act, be made 1
[before the expiry of a period of six months from the date of
the commencement of section 1 of the Karnataka Land Reforms.  
The section 45 states that:
Tenants to be registered as occupants of land on certain
conditions.—(1) Subject to the provisions of the succeeding sections of this
Chapter, every person who was a permanent tenant, protected tenant or
other tenant or where a tenant has lawfully sublet, such sub-tenant shall,
with effect on and from the date of vesting, be entitled to be registered as an
occupant in respect of the lands of which he was a permanent tenant,
protected tenant or other tenant or sub-tenant before the date of vesting and
which he has been cultivating personally. 
Hope the position of law is clear now.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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