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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.


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


Q:- I have constructed a residential complex, which I would like to let out.  My son suggests having leave and license agreement, instead of lease or rental agreement.  Please inform what difference between rental agreement and leave is and license agreement.

Q:- What is the difference between Agreement to sell and Sale deed? Can the Title of a property be transferred only on the basis of a registered Agreement to sell?  Is it necessary to make a registered sale deed to transfer such property though there is an Agreement to sell between two parties and is also registered?

Q:- I had entered into a sale agreement for purchase of a house at Basavanagudi. The agreement is dated 01.07.2000. 1 had paid Rs. 20, 000/- as advance on the date of the agreement and Rs. 80,000/- on 30.09.2000 towards sale price. As per the terms of agreement, seller has to get the sale deed registered in my favour on or after 30.06.2001. He is not willing to execute the sale deed and as per the information is negotiating with others for sale of the property for more money. Seller is my friend who says that limitation period is three years are over and I cannot take any legal action and assures me that he will refund the money after he finds another purchaser. I am ready with money for registration. Please advice what to do?

Q:- Can the intending purchaser of an immovable property, back out of the sale transaction on the ground of non-fulfillment of obligation by the vendor?

Q:- I have purchased a house in Malleswaram jointly with my wife. The sale deed is registered in me and my wife’s name. However, I want to transfer the entire property to my wife. Have I to execute a sale deed in favour of my wife. If so what are the stamp duty and registration charges?