Ramesh (Engineer) 21 May 2013

Agriculture land purchase in karnataka

Dear Legal Advisors;

We are in the Process of buying a Piece of Agriculture Land Around Bangalore Karnataka. The Property papers(Pani) indicate 4 names of brothers who are willing to sell the property. Out of the four one brother has passed away about an year ago and the Khatha has not yet been changed to include the wifes(legal Heir) name.

Now without going in for a Registered agreement we are not willing to proceed forward with this purchase.

The seller has come up with a proposal that we could take a legal affidavit from the Deceased Brothers wife that she is willing to sell her portion of the property for the overall agreed rate and she has no objection to the sale.

Now my question is, is it adviceable to go in for a Registered sale agreement with three of the four Joint owners physically signing the agreement while the fourth owners legal heir gives a affidavit and signs the Agreement.

We are not in a position to take a decision since the agreement payment amount will be around 21Lakhs.

Your earliest advice will help us.

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2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 21 May 2013

There is an old English proverb, "Precaution is better than cure", which would be most appropriate when buying an imClear title to a property is one of the most important factors to be considered before purchase. There are various means to investigate the title such as:

(i) by studying the documents of title to ensure that the owner has proper ownership to the property. The documents of title should be studied very carefully as any shortfall may lead to a defective title.

(ii) taking inspection of the original title deeds.

(iii) taking search of the land records and the records of the Sub-Registrar.

(iv) taking search of the records of the society where the property is in a society.

(v) issuing public notice in newspapers calling for claims in respect of the propertmovable property.

Although there are several laws in place that protect a purchaser of property, self-help is the best help and one must do due diligence before buying property.

Although the below mentioned list of precautions to be taken are not exhaustive, some of the important aspects one must look at are briefly as follows, though they may vary case to case:

muralidara R naidu (advocate) 21 May 2013

At out set of title as advised my brother college, My suggestion is that since there is law which prohibits the persons other then agriculturists t o have lands under Section 79 A and B of Karnataka Land reforms Act

To purchase land one should have agricultural land in his name or in the name of his family members from 1-03-1974 and their non agricultural annual income should not cross 2 lakhs.

RMD

arigilamurali@gmail.com