Question came into the karnataka village officers abolition act 1961

naseemabanu (Querist) 02 January 2015 This query is : Resolved
Regarding :
'A' sold the land to 'B' which he was not authorized person to that property on 16.01.1967 and the sale deed registered also. Subsequently, on 09.02.1979 the land re-granted to 'A'.
Subsequent to grant he was not executed the Sale deed in favour of 'B' but the khatha entered vide M.R.3/81-82 dated 11.08.1981 in the name of 'B'.

Now question that 'B' is absolute owner to the land or not ? If yes, any relevant judgment is there ? if not reason ?

Now can we purchase the land by "B". Now 'A' or 'A's legal heirs are not available.

Can we purchase the same land from "B" ?

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Guest (Expert) 02 January 2015
Consult A Local Good Advocate and have a Legal Opinion for the Documents and Issue a News Paper Advt Regarding your Purchase with 30 Days Notice For Any Objections and Then You Could Proceed.

Rajendra K Goyal (Expert) 02 January 2015
All the documents need to be referred, consult local lawyer.

Citation not provided in this section.

Devajyoti Barman (Expert) 02 January 2015
Local alw is invloved..consult local lawher.

naseemabanu (Querist) 03 January 2015
In this situation section 43 of T. P. Act is not applicable ?

naseemabanu (Querist) 03 January 2015
Section 43 of Transfer of Property Act is applicable for only Joint Family Properties or all people.

naseemabanu (Querist) 03 January 2015
Can anybody answer ?

M.Sheik Mohammed Ali (Expert) 06 January 2015
follow the expert

B K Raghavendra Rao (Expert) 08 January 2015
When A is not authorised to sell the land, the sale deed is bad in law. It needs to be challenged and got set aside. By virtue of sale, B might have approached the Tahsildar and got mutation registered. However, due to claim of office A might have got the land re-granted to him by virtue of Village Offices (Inam) Abolition Act of Karnataka. Since you say A and his heirs are not there, you may purchase from B subject to the risk of A's legal heirs cropping up tomorrow or day after. Please note agricultural land could be purchased only by a farmer or an agriculturist. Until A or his heirs claim the title of the land, B continues to be the owner on record.

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