selling land from SC community to St community
Mallikarjuna G
(Querist) 27 October 2016
This query is : Resolved
Dear Sir,s
This mallikarjuna from ST community from Karnataka, I would like purchase land from SC community, this has been cancelled inam and transfered with govt fee to land owner under act KCIA 1977 sec.4(lI) in the year of 1999,
Pl suggest shall I purchase details of aforementioned land, if purchase any leagal problems
Mallikarjuna G
(Querist) 28 October 2016
Hai
Shall I get any suggestions for above query
Mallikarjuna G
(Querist) 28 October 2016
Hai
Shall I get any suggestions for above query
ramesh
(Expert) 28 October 2016
Please clarify, has the land been transferred in favour of the seller as per the act.
Is the encumbrance certificate clear.
Spell out the terms and conditions laid in the deed as per the act.
Rajendra K Goyal
(Expert) 28 October 2016
Local / state law applicable. Before investing discuss in detail with local lawyer.
Kumar Doab
(Expert) 28 October 2016
Prefer proper legal opinion from local counsel.
Mallikarjuna G
(Querist) 28 October 2016
Yes, this land has transferred favour of seller as a raitavari patta, in the year of 1999 with cancelled inam as per Karnataka govt fee,
ramesh
(Expert) 29 October 2016
A new grant of ryotwari patta is to be made by the Tehsildar by way of an order after enquiry to the extent of entitlement as per law. It would be subject to an appeal to the Revenue Divisional Officer, which becomes final. you have to confirm from local revenue department. It is advisable to consult a advocate who is in your area.
T. Kalaiselvan, Advocate
(Expert) 30 October 2016
In a Democratic Country, welfare of the poor, depressed, have-nots is one of the concerns of the Government. To mitigate the suffering of such people, Governments often grants land so that they cultivate the land and earn their livelihood and imposes restriction on transfer of such granted land for certain period to ensure that the desired welfare objectives are not defected. Members of Scheduled Castes and Schedule Tribes are the most exploited.
Government of Karnataka has put severe restrictions on transfer of lands granted to Schedule Castes and Schedule Tribes through The Karnataka Schedule Castes and Scheduled Tribes (prohibition of transfer of certain lands) Act 1978 and Rules 1979.
Granted land is any land granted by the Government of Karnataka to the person belonging to the Schedule Castes or Schedule Tribes.
The Act prohibits any type of transfer of land; not limited to sale, without prior permission of the Government. The word transfer as used in this Act encompasses sale, gift, exchange, mortgage, lease or any other similar transaction. It prohibits mortgage with or without possession. It includes creation of charge, or an Agreement to sell, exchange, mortgage.
Section 4 of this Act is more crucial and important. It spells out that transfer of any land granted before commencement of the Act or after, in contravention to terms of grant is null and void, which means such transfer is inoperative. The transferee will not get legally valid title, interest or right to such property.
Further, it clearly mandates that any transfer of granted land needs prior permission of Government. Permission of the Government is also necessary for sale of the land in execution of any decree or order of a Civil Court or any Authority. This makes it very clear that any transfer of granted land even after complying with terms of grant needs the prior permission of Government. Even entering into Agreement to Sell needs prior permission of the Government.
