• Legal option about land granted long ago

The land I am planning to buy is in Karnataka, it has all the documents like EC, sale deed copies, survey etc. As per EC the first owner sold land in 1940. In the sale deed it is mentioned as Kushki land granted by government. It was granted to general category person. But there is no document to show the proof of grant or year of grant.
- Is it safe to buy this land. Will there be problem in ownership or get loan or DC conversion in future?
- The survey number has * (for example 10/*/*). Some are saying * means its gomala land. What is the meaning of *?
- I have given token advance and taken receipt on 100 Rs stamp paper without registration. Is it possible to legally file case and get back the amount if seller refuses to return it?
Asked 1 month ago in Property Law
Religion: Hindu

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5 Answers

The kushki land is a dry land belonging to government and mainly used for burial grounds

 

2) 

you will have to check terms and conditions of allotment 

 

3) sale of land granted by the government may not allowed for a period of 15 years. 

4) contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
96030 Answers
7714 Consultations

5.0 on 5.0

The kushki lands will be under the government which will be used for burial ground and any other purpose, hence you have to deal with it accordingly.

he land comes under revenue land and not under agricultural land, hence the kushki land is vulnerable for acquisition by government anytime.

Since the entire land is revenue land, there is always a danger of acquisition for this kushki land.

Also, sale of land granted by the government is not allowed for a period of 15 years.

The receipt acknowledging the payment towards advance is a substantial evidence hence it can be used as evidence in case you would be required to file a suit for recovery of your money

T Kalaiselvan
Advocate, Vellore
86230 Answers
2289 Consultations

5.0 on 5.0

Land owned by government is always government land. All subsequent transfers are not binding on government. You will face problem at every stage. You can recover every rupee of advance with interest on the  ground that seller does not title to transfer the  land.

Ravi Shinde
Advocate, Hyderabad
4140 Answers
42 Consultations

5.0 on 5.0

Dear Client,

The term “Kushki land” generally refers to dry or unirrigated land. Since it was granted by the government, ideally, there should be documentation proving the grant, including the year and conditions of the grant. The absence of a document proving the government grant can be a red flag. Gomala lands are grazing lands reserved for cattle by the government. If the land is indeed classified as gomala, it is typically not available for private purchase and may be subject to different regulations. The asterisk in the survey number can indicate several things, such as a sub-division or specific classification of land. Consult with the local land records office to clarify the meaning of the asterisk in the survey number. While an agreement on a ₹100 stamp paper indicates an intention to create a legal obligation, it is not a registered document, which weakens its enforceability. If the seller refuses to return the token advance, you can still file a suit for recovery of the amount based on the receipt as evidence of the transaction. Consulting with legal and property experts can help ensure that the land purchase is safe and legally sound. Should you require any further clarification, please do not hesitate to contact us.

Anik Miu
Advocate, Bangalore
9754 Answers
113 Consultations

4.9 on 5.0

- Gomala land in Karnataka refers to areas designated as common grazing lands or pastures , and the government primarily assigned these land parcels to rural communities to graze livestock while preserving natural resources.

- Further, the government has strict rules and regulations to protect Gomala land from being sold or misused, and any attempt to sell or privatize Gomala land is subject to legal action.

- Hence, you may face trouble in future if you will purchase such lands. 

- You can recover your advance payment from the seller on this ground. 

Mohammed Shahzad
Advocate, Delhi
14028 Answers
211 Consultations

5.0 on 5.0

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