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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:- What precaution should I take before purchase of a DC converted site? Is it advisable to purchase such a site?

Q:- The Khata of property which we own is still in the name of my father who has died five years ago. At present the property is jointly owned by my mother, me and my sister as per the Will made by my father. Tax paid receipts is issued in the name of my father. Their property is in Bangalore. Please advise the procedure for transfer of Khata in our names.  Can the Khata be in any one of our names?

Q:- About 6 years back I purchased a site from my neighbour with GPA reg., actually this is an agricultural land and he informed that he will convert it and make full registration within 2-3 years. However till date he could not do it and unfortunately last night he died of heart attack. I would like to know what will happen to my purchase of site through GPA Reg. Is it valid? (It has been reg. at sub reg. office) Can we claim the site?

Q:- I am planning to buy a site near electronic city. The layout is on agricultural land and the middle man has converted it into a layout. Now since the registration is not happening, he is asking to buy this land as an agricultural land. Can we go ahead with this offer? Please give us the implications of it.

Q:- Certain hidden facts like pending cases, prior agreements, and government notification of the property cannot be traced easily by verification of the documents. How can these hidden factors be uncovered and what should a purchaser do to protect himself against these factors? Also, your articles are very informative for a lay-person like me. Thank you very much.