Is it safe to purchase inami land?
Menon
(Querist) 25 June 2014
This query is : Resolved
Dear Experts, i am going to purchase a land in Karnataka, can you please let me know that is it safe to purchase inami land or is it illegal to purchase the inami land?
If we can purchase then what is the procedure to purchase inami land?
Thanks
Menon
(Querist) 26 June 2014
Dear Sir, thanks for your reply.
Last year my friend has purchased one inami land, he just did the saledeed registration with seller and everything is ok now. RTC is still showing inami land.
Can you please elaborate a bit more that what problem we can face in case i purchase inami land.
Dr J C Vashista
(Expert) 26 June 2014
Show the title documents to local lawyer who shall ascertain the factual position/ status of land under sale/purchase transaction.
It is better to avoid purchasing such inami land as advised by Sh. Raj Kumar Makkar ji, I agree with him in principle.
P. Venu
(Expert) 26 June 2014
Inami land is transferable, more so because the title of the holder is absolute even in respect of revenue rights.
However, it is doubtful whether the land is Inami because, as a part of the land revenue reforms, almost all the alienated tenures have been abolished in all the States.
Raj Kumar Makkad
(Expert) 26 June 2014
Shri Dharmarayaswamy Temple vs Chinnathayappa ILR 1990 KAR 4242 “The former State of Mysore enacted the Mysore (Religious and Charitable) Inarns Abolition Act, 1955. Under the provisions of the Act all religious inam lands stood vested in the State Government with effect from 1-4-1959, on which date the Act came into force. The Act provided that after the Inam tenure is abolished, and the lands are vested in the State, occupancy rights in respect of erstwhile inam lands be conferred in favour of persons who were Kadim tenants and Permanent tenants under Sections 4 and 5 of the Act respectively. In respect of other tenants, other than Kadim tenants and permanent tenants, Section 6 of the Act provided that from the date of vesting the said tenants shall continue as tenants under the Government in respect of the lands of which they were the tenants under the Inamdar prior to the date of vesting. Section 8 of the Act provided that except in respect of the categories of lands specified in the said Section, the Inamdar was entitled to be registered as an occupant of the lands which stood vested in the Government consequent on the Abolition of the Inam lands. ............... But the granting of occupancy right could be only on the basis that the claimant had become a tenant of such land of the Inamdar on and after the date of vesting of the land in the Government under that Act and/or after the grant of occupancy right to the Inamdar under the said 1955 Act; for, under Section 8 of that Act occupancy right could be and would have been granted to an Inamdar only in respect of lands which were not under cultivation of Kadim tenants or permanent tenants who were entitled to occupancy right under Sections 4 and 5 thereof or in respect of which there were no other category of tenants, who were entitled to continue as tenants under the Government as provided in Section 6 of that Act. ........... Mysore Religious and Charitable Inams Abolition Act, 1955 came into force with effect from 1-4-1959. Under the provisions of the said Act all the lands which had constituted religious Inams in the State stood vested in the State Government. As stated earlier in detail. Section 4 of the Act provided for conferment of occupancy rights on certain categories of tenants called Kadim tenants. Section 5 of the Act made provision for grant of occupancy rights in respect of permanent tenants. Section 6 of the Act is of very material importance to this case. It provided that every tenant, other than tenants under Sections 4 and 5 who alone could claim occupancy rights, would become tenants under the Government. Section 8 of the Act provided for conferment of occupancy rights on the Inamdar only in respect of lands in respect of which there were no tenants, falling under Section 4, Section 5 or Section 6. Therefore, from these provisions, it is clear if any one was a Kadim tenant of an erstwhile inam land belonging to a religious Institution he was entitled to be registered as an occupant under Section 4, and a permanent tenant of an erstwhile religious inam land was entitled to be registered as an occupant under Section 5. Every tenant other than a Kadim tenant or a permanent tenant was to continue as a tenant under the Government with effect from the date of vesting. The Inamdar; in the present case the petitioner-temple; was entitled to be registered as an occupant of the land if only in respect of such lands there were no tenants either falling under Section 4 or Section 5 or Section 6 of the Act.”
ajay sethi
(Expert) 26 June 2014
agree with Makkad
Menon
(Querist) 27 June 2014
Dear Experts, thank you very much for advise.
I am happy to take this final decision - not to purchase the inami land.
but just for the knowledge, i want to know that what problem someone will face if he/she purchase inami land.
For example: Can seller refuse the saleagreement registration?
P. Venu
(Expert) 27 June 2014
Inami land is of the aliented tenure. This tenure has been abolished in almost all the States.
Pl, verify the facts.
T. Kalaiselvan, Advocate 
(Expert) 27 June 2014
You have been advised properly by all experts especially expert Mr. Raj Kumar Makkad has given a clear picture of the inam land through the governing law on the subject. Despite that you have raised the same query for which the reply is that since the inamdar are having only occupancy or tenancy rights, they cannot alienate the property by sale, and in such such sale of property may render invalid in the future when it is brought to the notice of Government/competent authority of Revenue department. Hope you are convinced, if not consult a local lawyer and take his second opinion before you proceed with purchase.
Menon
(Querist) 27 June 2014
Mr.Kalaiselvan, Thank you very much for your answer.
I wanted to clear one doubt:
As you said that "sale of property may render invalid in future".
but howabout if someone has purchased the property from the actual inamdar 15 years ago , then still sale of property may render invalid or time matters somewhere in case of this transaction?
Raj Kumar Makkad
(Expert) 30 June 2014
Passage of time do not make such deal valid as the land vests in the State and it can be got vacated at any time without consideration of your purchase and further investment of huge amount over construction.
