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I have purchased a land on Kanakapura road from one of my friends. On verifying the 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 from 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 Raghavendra, 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 purchased the said land and subsequently 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

Q:- There are two houses in a compound. I am staying in the house which is behind my cousin's. To reach the road we have been using the passage that runs through my cousin's property for more than 25 years. He sold his property to another person without our knowledge and the new owner is obstructing our passage to the road. There is no other alternative route to the road. What shall we do?

Q:- Certain hidden facts like pending cases, prior agreements, government notification of the property cannot be traced easily by verification of the documents. How can these hidden factors be uncov┬Čered, and what should a purchaser do to protect himself against these factors?

Q:- What is the procedure for Khata transfer and the actual cost to transfer the Khata. How do we know that the Khata transfer certificate is original?

Q:- I am not able to understand the difference between Khata Certificate and Khata Extract. Would you please enlighten me on this?  Could you also brief me about the importance of Encumbrance Certificate?

Q:- My son wants to purchase a plot near Horamavu, but on verification of CDP map, the plot was found to be in green belt area. I have been advised that non-agriculturist is not eligible to purchase agricultural lands. The present owner assures me that the problem can be solved by registering the land in Sq, fts. Instead of guntas. My father is a farmer. Many such transactions have taken place. Can my son purchase this land and construct a house. There are also chances of land being notified by BDA, in that case what are the consequences?