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I have purchased a land from one of my friends. On verification of documents I came to know that the said land was originally allotted to the member of a schedule caste from the Government of Karnataka. My friend by whom I have purchased the land had purchased it from the said member of schedule caste 10 years back. I learnt there are some restrictions on sale of such property. Please inform whether I derive good, valid title to the land?

- by Sudhir, Bangalore

The land which you have purchased from your friend was originally allotted to a member of schedule caste free of cost by the Government of Karnataka. Your friend has purchased the said land and subsequently has sold it to you. The transaction that is the purchase of the land which is allotted free of cost to a member of Schedule caste is in violation of the provision of Prohibition of Transfer of Certain Lands Act 1978. The purchaser will not get legally valid title to the property.
The Government may initiate action against you, resume the land and reallot to the legal heirs of the original allottee.

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These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

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Q:- I have taken some land on lease for 99 years and had con¬structed a multistoried building. The lease deed contains a clause. "Cannot assign, Underlet or sublet or part with the possession of the demised property without the previous permission of the lessor". The lease deed provided for construction of building, I have given portions of the building on leave and license to various busi¬nessmen. The lessor has issued a notice demanding subletting charges from me and has also marked the copies to licensees demanding to pay the subletting charges. What is the remedy? Can the lessor institute legal action against me and other licenses?

Q:- In connection with the purchase of a plot in a township on Mysore Road, I have paid major portion of the sale consideration to the developer. But the developer has not completed even half of the work and the progress work is unduly slow for various personal reasons of the builder. I have lost interest in the plot because of this. Please advise me how to get back my money with interest from the builder?

Q:- My wife and my children have thrown me out of the house because of some difference of opinion. I purchased a site and constructed a house there on out of my own funds and presently, they are enjoying this property. Can I Sell this house in occupation of my wife and children? Will they claim their share in the property?