Legal buy a dc converted site which belongs to sc/st land?
Querist :
Anonymous
(Querist) 07 September 2023
This query is : Resolved
Dear Sir/Madam, I have bought a residential site 3 years back in Bangalore Rural district of Karnataka. It is developed on a property belongs to SC/ST which ancestral property for the original owner. We have documents from 2000-2001 that shows this is a ancestral property. This property developed by a Developer based on GPA given to him from the original owner of the property. GPA holder (Developer) sold the sites to us in 2016. Here are my questions regarding my site which I bought. 1. Do you see any issues buying a developed site developed on SC/ST ancestral property? 2. Sale deed is signed by GPA holder and not the actual owner, Do you see any issues here? 3. On the registered GPA, they have shown the amount settled(as part of sale) for actual owners of the property. Is this legal? 4. Revenue records still show original owner with revenue authority even after DC conversation of whole land. Any issue here? 5. Do you suggest me anything which i need to take care before I get into legal issues?
Kind Regards
Sudhir Kumar, Advocate
(Expert) 07 September 2023
1. Do you see any issues buying a developed site developed on SC/ST ancestral property?
YES
2. Sale deed is signed by GPA holder and not the actual owner, Do you see any issues here?
SALE HAS NOT TAKEN PLACE. LANGUAGE OF THE GPA IS RELEVANT.
3. On the registered GPA, they have shown the amount settled(as part of sale) for actual owners of the property. Is this legal?
IN MOST Of THE STATES LAND BELONGING TO SC/ST CANNOT BE PURHCASD BY GENERAL CATEOGRY PERSON.
THE TRANSFER OF LAND IS VOID UNLESS THE PARTICULAR STATE HAS ANY SPECIAL DISPENSATION FOR COMPANY OR BUILDER.
4. Revenue records still show original owner with revenue authority even after DC conversation of whole land. Any issue here?
SALE HAS NOT TAKEN PLACE.
5. Do you suggest me anything which i need to take care before I get into legal issues?
NOW THERE IS HARDLY ANYTHING YOU CAN DO. YOU CAN CALL UPON THE BUILDER TO GET REVENUE BOOK CORRECTED.
kavksatyanarayana
(Expert) 07 September 2023
Section 42 (SC, ST Act) prohibits the sale of SC/ST land without approval. This law was enacted to protect the interests of the SC/ST tribe. However, you can acquire SC land by obtaining authorization from the DM or the collector or with sale permission for land in Karnataka. For your query point (1) Yes. (2)Yes. (3) SC/ST land cannot be purchased. (4) Yes. and (5) Without permission from the Government/District Collector the land cannot be purchased.
T. Kalaiselvan, Advocate
(Expert) 09 September 2023
Basically the question pertains to the property purchased in the year 2016 hence any opinion given at this stage i.e., after 7 years of purchase will not solve any problem.
You should have asked all these question before buying the plots neither were bothered to obtain a proper legal opinion before buying the DC land and also it is not sure that whether the DC land ws converted or not and whether the time limit under which the alienation cannot be done has been completed or not etc.
You may revert with this question when you face the actual problem
Querist :
Anonymous
(Querist) 09 September 2023
Thank you all for your reply. I respect your time.
a. Yes, I admit that I should have obtained a legal opinion before purchasing it.
b. Yes, it DC converted site. DC conversion is obtained in October 2014 by GPA (GPA executed on Jan 2014) holder on behalf of land owner on the basis is GPA terms and conditions to develop residential property and sell.
c. Phani shows a IHC document from 1958-59 where the partition between their ancestors and again partition among brothers in the year 1997-98 by their childeren.
d. GPA giver obtained the this land via a mutation in the year 2006-07 upon death of their father as a Joint Khata.
e. All the Joint Khata owners and children have given this is GPA.
f. I did not find any information on whether the land was granted by Karnataka Govt as a Inam and not sure if it is Inamti granted property
These are the information I have so far. Thanks for any further suggestions on this.
T. Kalaiselvan, Advocate
(Expert) 09 September 2023
In the light of your additional message it can be assumed that even if this land was allotted to the oppressed community as a privilege land, but it was long ago, hence the conditions are no more effective as on this date.
Besides it is reported that all the legal heirs of the deceased owner have signed the GPA to the developer to develop and sell the plots, by the virtue of it the plots were sold to many purchasers then and now.
Now you may not have to be worried about the root of the property and concentrate on your titled to the property obtained by a registered sale deed and take no action in this regard now.
P. Venu
(Expert) 02 October 2023
Any how, the transaction has been completed. As such, it is inappropriate that this Forum should lead to stress and anxiety. You can revert to this Forum if at all any problem arise.
