I have been investing time and energy since 6 months in trying to find a suitable agricultural property around Bangalore for investment reasons, we are from agricultural family and my mother holds a agricultural property and property will be brought in her name.
We have come across a property which we are pursuing, while scrutinzing documents it figures out that the orgination of the property dates back to 1942-1943 where in the land has been granted on Dharkasth grounds,
The said land has been sold to another person in the year 1967 and followed by another purchaser in year 2007, There is no documentation available for 1942-43 grant , however the sale deed in 1967 highlights that land was granted in 1942-43 from the gomaal land under dharkasth grounds.
I have following questions :-
The first sale of this granted land has happened in 1967 which has been 25 years since 1942-43, the maximum alienation period in then law Mysore Land Revenue code was 20 years, which means that land has been transferred after the maximum alienation period,
The Karnataka Land Revenue rules came into force in 1969 and PTCL came much after in 1978, I see from following case(see hyperlink below)
https://indiankanoon.org/doc/1545120/
that
Granted lands which had been transferred after the expiry of the period of prohibition do not come within the purview of the Act, and cannot be proceeded against under the provisions of this Act. The provisions of the Act make this position clear, as ss. 4 & 5 become applicable only when granted lands are transferred in breach of the condition relating to prohibition of such lands. Granted lands transferred before the commencement of the Act and not in contravention of prohibition on transfer are clearly beyond the scope and purview of the present Act. Also in case where granted lands had been transferred before the commencement of the Act in violation of the condition regarding prohibition on such transfer and the transferee who had initially acquired only a voidable title in such granted lands had perfected his title in the granted lands by prescripttion by long and continuous enjoyment thereof in accordance with law before the commencement of the Act, such granted lands would also not come within the purview of the present Act, as the title of such transferees to the granted lands has been perfected before the commencement of the Act
I also see contradictory cases(see hyperlink below)
https://www.lawyersclubindia.com/forum/PTCL-act-in-favour-of-purchaser-25490.asp
where one lawyer has seen a case that AC set aside the petition and then high court again granted in favor of orignal grant/heirs.
PTCL NoC on this property states no cases pending on this property as on date,
I am now confused what to do, i have personally visited 2 lawyers and they have given difference of opinions, seen some cases online where they have mentioned alienation is for ever in grants in Mysore land revenue code existing before 1969.
Thanks for seeing this post and appreciate answers and guidance
thanks
Manjunath
