Seek necessary clarification from developers
2) obtain written opinion from
local lawyer that title is clear and marketable and then only purchase the plot
3) if conversion has been granted and layout approved you can purchase plot
Karnataka Land Reforms Act 1961 under Section 55
Dear Sir. This is Narayan.. Query is about issues related to Karnataka Land Reforms ownership act in 1961 under section 55. I am planning to buy a property in Bengaluru, the land was owed by the former owner received through government notification from Thahasildar in the year 1979. Later the land was sold in the year 1992 (the land was hold up-to 13 years 1 month). Now the property has been converted and layout has been formed in the same.. Developer provided Form 10 and it says - "Provided also that the land of which the occupancy has been granted to any person shall not within SIX years from the date of the certificate under Section 55 is issued". The question here is , will that Karnataka Land Reforms act 1961 affect me in the future, if I buy a plot in the mentioned property and will I face any legal issues in further period... (because 1961 act says lock-in period is 15 years, but Form 10 clearly says 6 years will be the lock-in period). With all the above situation, Can i purchase a plot or not? Pls suggest, your suggestion/guidance will means a lot. Regards Narayan
Asked 1 month ago in Property Law
Religion: Hindu
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9 Answers
1. When the lock-in period of 15 years is mentioned in the order issued by the Tahsildar, under the Karnataka Land Reforms Act 1961, under section 55, the sale deed in 1992 becomes null & void.
2. Please get the property papers vetted by any Lawyer before proceeding further.
The granted land has been alienated within the restricted period by the allottee, this is clear violation of the conditions.
The builder who made the layout will not be available to face the legal issues after selling the flats.
Have you obtained legal opinion from an experienced local lawyer to scrutinize the property related documents and whether any recommendation was made to buy the property?
If not, first consult a local lawyer and get his opinion and proceed only when recommended.
Dear Client,
In the Present Scenario, the land you are considering for purchase in Bengaluru was owned by the former owner, that was received through government notification from Thahasildar in the year 1979. Later, the land was sold in the year 1992, and presently, the property has been converted and layout for the same is formed. To avoid future legal issues, it is suggested that, you verify the grant conditions given under Form 10, and confirm that the 1992 sale had the requisite permissions, and thus, ensure that, he land’s conversion and layout formation were duly approved by competent authorities. However, it is also important that you obtain the title verification, the encumbrance certificate, and review the entire chain of ownership with a property lawyer specialising in Karnataka land laws. Herein, if all the processes are lawful and compliant, you may proceed with the purchase. But, if there exists any violations thereby, the transfer may have challenges involved.
Hope you find this answer beneficial for resolving the dispute.
Dear All. Thanks for your valuable suggestions and opinions. First land transaction was executed in the year 1992, Since it's been 32 years so for. even if anyone can challenge this case, then what's the limitation of years to file a case. (One of my Advocate has given clarity saying the limitation for fighting any case will be 15 years, after that it may not stand strong. So in this case it's been more then 30 years, so the advocate said to proceed further for purchase) Pls suggest above Regards Narayan
Asked 1 month ago
Under section 17 of limitation act
Act provides for relief in cases where the litigant’s right to seek remedy has been affected due to the other party’s fraud or mistake which has been committed without the aggrieved party’s fault. It pauses the limitation period until the fraud or mistake has been discovered by the litigant or could have been discovered by exercising reasonable care or diligence. Essentially, this provision protects the rights of victims of fraud or mistake to seek legal remedy by allowing them to initiate proceedings even after the expiry of the standard limitation period.
You can take a decision based on your own prudence and your willingness to face the future legal complications that may or not arise in future.
The position of law was explained in the earlier posts.
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Limitation Period:
- Under the Indian Limitation Act, the limitation to challenge a property transaction typically does not exceed:
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12 years for possession/title disputes. -
3 years for general civil claims from the date of cause.
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- For this land, more than 30 years have passed since the first transaction in 1992, making legal challenges highly unlikely to hold in court.
- Under the Indian Limitation Act, the limitation to challenge a property transaction typically does not exceed:
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Safe to Proceed:
- The lock-in period (13 years) exceeded the statutory requirement, and the sale complied with grant conditions.
- The extended time period (30+ years) significantly reduces any risk of legal challenges.
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Final Checklist:
- Ensure no restrictive clauses in the original grant conditions.
- Verify ownership through Encumbrance Certificate (EC) and mutation records.
- Confirm proper land conversion and layout approval for added legal safety.
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Recommendation:
- Based on your advocate’s advice and the above points, it is safe to proceed with the purchase.
For detailed, personalized advice, consider a phone consultancy.
Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes to write a review, it would be greatly appreciated.
Thank you.
Shubham Goyal
Dear Sir,
If other documents are strong and cogent then you can go ahead to purchase the site. But you may raise loan to purchase such site. Further immediately you may take possession and start construction. If it is for investment purpose then you have to avoid it. Such litigations will start as blackmailing tactics and at the end ended in compromise.
