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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

Q:- If there are both agreements to Sell and Sale deed with regard to a common property and sale deed has been executed, then which of the two, i.e. sale deed or agreement to sell should be given weight age?

Q:- I am resident of Bangalore and I have few questions on real estate in Bangalore. I heard there is a GO passed by Karnataka government, banning all the registrations process by CMC. Is this GO applicable only in the city of Bangalore or whole of Karnataka? Has this been lifted or still in place? Do I have to pay VAT and Service Tax if I book apartment from a builder? The apartment builder told me that there will be a construction agreement and a land agreement. Since, the construction agreement more is like a service rendered by builder to the buyer, can I just buy Service tax on the construction cost?

Q:- Is it possible to execute a sale deed on the basis of a Power of Attorney executed in foreign country before the India Embassy and duly adjudicated by the Collector of Stamps in India? 

Q:- I purchased a property and the vendor has executed the Sale Deed in favour of me. Kindly enlighten me whether I have to preserve the agreement entered with the Vendor as a document along with the sale deed?

Q:- I have entered into an agreement to purchase a property at Hongasandra which falls under the area of Bommasandra CMC.  The party is having CMC Katha, tax paid receipts. I have paid 50% of the sale price. Now, the Sub-registrar has refused to register the property. My agreement is going to lapse within one month.  What should I do in this situation?