• Inam land

My father bought land measuring 4-00 acres, Bangalore, in the year 1998 through sale deed from Muniraja reddy, It is found from the documents in 1924 that this land is from jodi inamdar and our previous owners dint file for occupancy rights under the inam abolition act 1955. Now the Asst Commissioner has passed a order stating that the entire land is government land and need to be taken into possession. My question is there any provision to file for occupancy rights now. And FYI there are 4 sale deeds since 1924 for this property and the owners names have been mentioned in the RTC records since then. How can they give permission for sale deed when it is inam land.

I need suggestion on this. please help
Asked 1 month ago in Property Law from Bangalore, Karnataka
Religion: Hindu
On the coming into force of the Inams Abolition Act, 1954 (‘Act of 1954’ for short) the lands in question lost the character of inam lands and the persons in whose favour occupancy rights were granted became superior holders or owners thereof of the said lands. All rights that existed prior to the Act of 1954 extinguished on the lands being vested in the Government, barring the right of certain tenants under the inamdar who were entitled to the limited right of continuing as tenants of the lands of which they were tenants immediately before the date of vesting. 

2) a division bench of karntaka   HC  in MUNIYALLAPPA v. KRISHNAMURTHY 1977 (1) KAR LJ 700 while pronouncing on the scope and applicability of the Act in respect of agricultural lands in former inam villages, observed:

“Agricultural lands in former Inam villages are not excluded from the purview of the Land Reforms Act. The consequence vesting of inam lands in the State under the Inams Abolition Act is that the lands absolutely vested in the State and all rights of inamdar and tenants under him are extinguished and the only right of the inamdar and his tenants, whether Kadim tenant, permanent tenant or quasi – permanent tenant, is to make applications for grant of occupancy. The State thereafter when it grants occupancy under Sections 4, 5 and 6 or 9 of the Inams Abolitions Act, confers fresh title on the grantees of occupancy. All prior rights are extinguished, except as provided under Section 9A, where under in the case of other tenants they are entitled to continue as tenants of the lands of which they were tenants immediately before the date of vesting.”

3) Section 45 of the Karnataka Land Reforms Act, 1961 (‘the Act of ‘1961’ for short) which spells out the persons who are entitled to make an application for being registered as occupants. Section 45 of Act of 1961 reads:

“45. 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 sub-let, 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.”

4) you have to file writ petition to challnge order of asst commissioner to take possession of the land . 

5)contact a local lawyer 
Ajay Sethi
Advocate, Mumbai
23184 Answers
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1) it is true that once claim is barred by limitation you cannot claim occupancy rights 
Ajay Sethi
Advocate, Mumbai
23184 Answers
1218 Consultations
5.0 on 5.0

INAM LANDS CASE BEFORE SC
1979 amending act takes away jurisdiction of DC to confer occupancy rights over inam lands and gives to Land Tribunal. In case of Shri Kudli Sringeri Mahasamsthanam Kudli case Reported in ILR 1992 Kar 1827 Division Bench of KHC while dealing with issue of religious and charitable imams struck down the amending act. The issue was settled by Supreme Court by partially overruling the order stating that the personal and misceleneous imams are not affected by such order.

UNDER MYSORE (PERSONAL AND MISCELLANEOUS) INAMS ABOLITION ACT, 1954, SECTION 5 — PERMANENT TENANTS ARE REGISTERED AS OCCUPANTS ON CERTAIN CONDITIONS. THE CONDITION DOES NOT INCLUDE ANY RESTRICTION ON ALIENATION.


Vesting of tenanted inam land in State Government is not absolute but is subject to vested right of tenant to got occupancy conferred on him and conferment of occupancy right on tenant by Special Deputy Commissioner does not amount to making grant of land — Alienation of inam land by tenant after fitting occupancy right conferred on him is not hit by prohibition contained in Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978.

Thus the previous owners or their legal heirs may come to your rescue for filing an application for occupancy rights. 
T Kalaiselvan
Advocate, Vellore
13971 Answers
127 Consultations
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Thank you for the reply, but sir few lawyers say that time for application was till 31 march 1991. We were not aware of this while purchasing. When the Assistant commissioner came to our Land for Possession he said that time is barred and it is government property. Is it true that once time is barred we cannot file for occupancy rights? Please suggest

As suggested you may try to contact the previous owner or his legal heirs to apply afresh for the said rights, let the government refuse, you can take it up through court of law after that. 
T Kalaiselvan
Advocate, Vellore
13971 Answers
127 Consultations
5.0 on 5.0
1.   Tenanted inam land that stood vested in State Government consequent upon abolition of inams,  — Vesting of tenanted inam land in State Government is not absolute but is subject to vested right of tenant to get occupancy conferred on him and conferment of occupancy right on tenant by Special Deputy Commissioner  Alienation of inam land by tenant after fitting occupancy right conferred on him is not hit by prohibition contained in Karnataka State Prohibition of Transfer of Certain Lands Act, 1978.
All the lands held by or in possession of the tenants vest with the State Government free from all encumbrances and the State Government is entitled to take possession of the said properties. However, as per Section 44(e) the Government is not entitled to take possession of the tenanted land and the permanent tenants, protected tenants and other tenants holding the land are entitled to such right or privileges and subject to such conditions provided under Act. In view of Section 44 of the KLR Act, it is clear that conferment of occupancy right by the Land Tribunal, and not by the Government, is only a declaration or pre-existing right which has been conferred on the tenant under Section 45 and vesting of the land is subject to right that is conferred on the tenant for conferment of occupancy right- Section 45 of the KLR Act gives a right to a person who is a tenant on the land to get the occupancy right conferred in his favour and Sections 48 and 48-A deals with the constitution of the Tribunals and enquiry by the Tribunal. The occupancy right will be conferred by the Land Tribunal and not by the Government under Section 48-A of the KLR Act on a tenant who was cultivating the land personally on 1-3-1974. Therefore, what is conferred on the tenant who was personally cultivating the land on 1-3-1974 is the declaration of his occupancy right of land on 1-3-1974, by the Tribunal. The preamble to the KLR Act clearly shows that the Act is enacted to confer ownership on the tenants and wherefore, it is clear that the conferment of occupancy right on the tenant who was personally cultivating the land on 1-3-1974 is conferment of ownership on the tenant as per the preamble to the Act and the same is subject to certain restrictions which are imposed in the certificate of registration issued under Section 55 of the Act in Form 10.


2.  The LRs canot stake claim on this since it has been transferred by execution of a registered sale deed long back. 
T Kalaiselvan
Advocate, Vellore
13971 Answers
127 Consultations
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1) A purchaser of inam land from a tenant in possession after the land had vested in Government is entitled to make an application for registry as permanent tenant. The interest possessed by his vendor was an interest in respect of immoveable property which could be sold. If the vendor-tenant was competent to make an application under the Act, his right to occupancy stood transferred to the purchaser. — Sreenivasamurthy v State of Mysore, (1975)1 Kar. L.J. Jr. 60, Sh. N. 175.
Ajay Sethi
Advocate, Mumbai
23184 Answers
1218 Consultations
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Narayanapa could have only sold the land after occupancy rights were granted by the land tribunal in 1982,

Sake transaction would not be legal 
Ajay Sethi
Advocate, Mumbai
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1218 Consultations
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Legally the sale may be considered invalid becasue one cannot take things for granted under the said situation. 
If he had applied for occupancy rights, then he should have waited for the approval instead he sold the property even before getting it, in any case there had been numerous transactions after that, hence an exemption may be sought in accordance to that and if need be an application supported by an affidavit o undertaking may also be added to that. 
T Kalaiselvan
Advocate, Vellore
13971 Answers
127 Consultations
5.0 on 5.0

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