PTCL act in favour of purchaser

Dear All Who read this subject:

I read in detail your case and very much upset as the issue is not weather the allottee is Schedule Cast OR Schedule Tribe. Today due to the this PTCL act which is totally against the constitutional rights of citizen of India is on misuse openly and become a business for landgrappers to destroy and over power the Govt. machinery.

I can watch the drama and in front of Govt. authorities Schedule cast are filing cases under PTCL and not even know what exactly written in there petition through mafia guidance get there land back and before getting they sell to another party. The whole government system is running in that area with corruption. They by pass all legal methods formulated to protect the rights of a citizen.

While buying a property nobody goes in such details and fooled around by the same authorities who are now sitting as JUDGE and taking decision based on one petty excuse that you have not taken permission from "GOVERNAMENT".

It is not only ridicules but required to be punishable along with the purchaser as he has not done this mistake alone and without the help of those corrupt officers who has transferred the property in his name without bothering to see all such legal aspects.

Once Supreme Court came forward stating that since on allotment letter is having and limitation of 15 years, any land sold out after 15 years will NOT ATTRACT PTCL ACT.

After that mafia acted and convince Govt. machinery to use article 4(2) to grip the land. If courts study in detail they will find out how they are destroying the life of purchaser. And since Govt revenue is transferring the land they should be also punished to pay SOME compensation to the purchaser for there fault. In whole world the compensation always granted if such things are raised. But in India the dirty politics, religion, cast involve and judgments are passed day and night protecting Govt faults.

My experience says that all this even if you prove that the seller is BAMIKY etc will not effect unless DC have instructions to accept you plea from top. Do not fight case on legal basis just consult some mafia and they will settle down your case outside of judicial boundaries.

GOD bless India and wake them up. I hope one day Govt will investigate and realize what exactly going on in the name of Schedule Cast. I haves en a case where the buyer approach to High Court and could not get the stay for 90 days period due to the holidays, judge is not available, case did not turn up due to shortage of time etc. And on other side AC has passed an order to handover the land BY FORCE to allottee without even have judicial power to do so. HOW? mafia play better game than purchaser. All this things are going on under the protective umbrella from High Court and Supreme Court. Who will come forward to find out all these facts? Today Lawyers afraid to raise these type issues as they have to deal with the Govt. machinery day and night to get some favor from them.

Do not waste your time and money to keep on going with tension created by Govt. Machinery. Some time they will listen and say only one word "you have not taken permission to purchase land" while as per rule the seller should take permission. If it is true then why they do not punish the seller?

If anybody has answer to these entire flaws in system and professional then do your duty to safe guard the society from these type of nasty acts.

The time will what Govt has achieved by introducing this act.

 

Jaggo India

sir,

my grand father bought 1acre land in the year 1992.This land was  granted to the person who sold for us in the year 1955.now they have filed case under ptcl act 1978 in ac office.sir please give your valuable opinion...

RAJ

Dear Mr Raj,

You are not the only one who is suffering from Govt. clear cut negligence by creating PTCL act. This act was developed to support the SC/ST but now SC/ST is not only misusing this act, getting corruption to grow inside the Govt. Every body involve directly or indirectly benefited and the purchaser is only one who losses all his assets and hard earned money.

Govt. should realize that all are equal and once the Government authorities transferred the purchased land it should not be reverted unless the purchaser should be compensated for Govt. faults.

I also belong to minority and from weaker section, then why my interest is not protected? In PTCL frankly speaking A/C , D/C and all other authorities terrorized by S/C, S/T people and they now openly say that we are the one who decide the officers posting and will allow only people who worked with us. Once if they give judgment based on Supreme Court citations, S/C & S/T go on strike in front of his office and press Govt to transfer the officer.

So my friend do not waste time or run this case forever without compromisisng with the S/C people.

JAGO  INDIA

hi,

Sec.4 of the Karnataka SC/ST PTCL Act provides that-

After the enactment of the said Act, i.e., after 01-01-1979,  

(1)  any transfer made, before or after the commencement of the Act,

      in contravention of the terms of the grant, shall be null and void

(2)  no person shall transfer any granted land without Govt. permission 

 

Firstly, as per Sec.4(2) it is clear, any sale of SC/ST granted land, if the sale is made after commencement of the Act, i.e. 1-1-1979,  without obtaining Govt. permission is illegal. May it be, the present transaction is after 1979, when the first sale after the grant becomes invalid, automatically subsequent sale transactions are to be held invalid.

Secondly, as per Sec.4(1) any sale of SC/ST granted land, if the sale is made before (or even after) the commencement of the Act, i.e. before 1-1-1979, if the sale is made against the terms of the grant, the sale shall be null and void.

Second part herein, Sec.4(1) is very tricky considering judicial verdicts.

Because, it depends on what are the terms of grant. When any person purchases a land, when it is a second or third sale after the grant, (for eg. if the grant is made in 1923, and if the first sale happened to be by a sc/st person in favour of a non sc/st person in 1965, and when the second sale is made by a non sc/st person in 1966 in favour of another non sc/st person, if the 3rd sale is in 2007, generally the purchaser will see the 1966 transaction only), he would not prefer to go back to 1923 and see whether it is grant land or what are the terms of the grant. practically it is also very difficult to get the said details from the vendor who purchase the property in 1966.  So, in such cases, if the land is a granted land and grantee is a sc/st person, the present purchaser will lose the land. Bcoz, majority of grant rules before 1960 mandate that, the land shall be permanently non-alienable.

AIR 1984 SC 1151; ILR 1987 KAR 2076 (SC); 

In this connection, SC has given another blow. It held that, it is immaterial what is the stipulation made in the Grant Certificate, the conditions of grant provided in the particular Rule under which it is granted shall prevail. Here also it is dangerous, all grants made to depressed class prior to 1960 are permanently non-alienable. If you refer to grant certificate and act upon it, you will lose the land. ILR 1991 (2) KAR 1691; ILR 1993 (4) KAR 2694; ILR 1989 (3) KAR 2311; ILR 1992 (2) KAR 1931; ILR 1992 (1) KAR 334; ILR 1993 (4) KAR 2694

It is much worse, the SC held that, even if a grantee was not sc/st when the land was granted, but subsequently if his caste is added to the list of sc/st he is entitled for such benefit. ILR 1997(2) KAR 850; ILR 1982(2) KAR 1310; 1995 (6) SCC 309

All cases will have certain limitation period to question the sale, but unfortunately, there is no limitation for questioning a sale of granted land by sc/st person; the SC has given only one exception, if the sale has happened 30 years prior to the commencement of the Act, i.e., 30 years prior to 1-1-1979, that is if the sale is completed prior to 1-1-1949 such cases are excluded.  1996(7) KLJ 120 SC(DB)

Though unfortunate, here is a classic example. A granted land measuring 2-00 Acres in Bangalore City (now fetching about 10.00 Cr) was purchased in 1972 by one Mr. Reddy, and it was sold to another person in 2003. Now it is held, the land was granted to a sc/st person in 1923, who made an unregistered will in favour of his foster son. It was first sold in 1950, second sale was in 1965, third sale in 1972. As per the Rules under which it was granted, it was permanently non-alienable. So, the land was resumed to the legal heirs of the foster son by the AC and subsequently confirmed by the DC, in 2012.

 

K. V. Satyesha Simha, Advocate

 

 

 

 

 

 

Hi Ikram,

Firstly, you must understand that the rule against perpetuity does not apply to Government Grants. This has been challenged in the Karnataka High Court in Laxmamma And Etc., Etc. vs State Of Karnataka and this judgment still holds good (even though this judgment's interpretation of R.29-A was later over-ruled). Additionally, unlike the Karnataka Land Grant Rules, permission from the State Government is required under the PTCL Act even after the perid of 15years. The rationale behind the law is to prevent unauthorised alienation of land by vulnerable members of the SC/ST.

As for the rest, I agree with Mr. Ramachandran.

Dear sir I am planing to buy an agriculture land which was allotted to Harijan in 1924 with the effect of dipress class rules & with the condition 10 years non alianation & the grantee sold the property in 1966 to the general person may I know whether it comes under ptcl act

Ranganathan sir, I want to discuss my personal case regarding KPTCL ACT(some rowdy elements including jurisdiction police Circle Inspector & A.C.P giving mental harassment for our family members for grabbing our land). Please send me your e-mail ID and contact number. If you are in Banglore, please send me your office address. Thanks BHAGYALAKSHMI Advocate bhararhi2749@gmail .com

Ranganathan sir, I want to discuss my personal case regarding KPTCL ACT(some rowdy elements including jurisdiction police Circle Inspector & A.C.P giving mental harassment for our family members for grabbing our land). Please send me your e-mail ID and contact number. If you are in Banglore, please send me your office address. Thanks BHAGYALAKSHMI Advocate bhararhi2749@gmail .com

1.How do I find out that the land I am purchasing was granted by government to seller who belongs to SC/ST caste.

2. Is Prevention of Transfer of Certain Lands (PTCL) Act Endorsement from seller/builder which is issued by the Tahsildar/District Commissioner enough to conclude that land is not granted by government to the seller who belongs to SC/ST.

3.Is it illegal to purchase land from SC/ST people or is it illegal to purchase only if that land is granted by government to SC/ST.

Dear Sir,

Myself Akshara R from Shivamogga, I want to purchase grant land from SC people.
The land was granted them on 1987 and in that grant letter clearly written as the land cannot sold 15 years.
now I want to know that, can I purchase this land now..?? pls suggests.