Deep Kumar 29 October 2023

Is it advisable to buy sc st grant land after a consent deed

I am exploring an opportunity to buy a land in a gated community in Bangalore. The land is an SC/ST grant land, granted in 1956. It has changed hands within the 15 year alienation period ( 1961). After a few change of hands it was bought by a buyer in 1995, who got it converted to Residential land in 2006. In 2015 the heirs of original grantees filed a petition for restoration of land. This was rejected due to 53 years of delay. They filed a Writ petition, which was later withdrawn and a consent deed was signed with each member of the family tree against a sum of money paid. Now when there is an amendment to the ACT proposed by the Karnataka government to remove the Statute of limitation. Can this be risk for the new purchaser of the land, can the consent deed or conversion be challenged ?

Link to the Amendment proposed -

https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://indianexpress.com/article/cities/bangalore/karnataka-amend-sc-st-land-transfer-law-8855578/lite/&ved=2ahUKEwiRx-zO_YaCAxW4bWwGHdWsDlEQFnoECA0QAQ&usg=AOvVaw1mA29_6jgWCyuBmcZEUOa-

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3 Replies

T. Kalaiselvan, Advocate (Advocate) 29 October 2023

If the latest amendment is effected prospectively then you may not find any problem.

But instead of dilemma and confusion, you may better skip the same and look for a proper and genuine property elsewhere

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Dr. J C Vashista (Advocate ) 29 October 2023

It would be appropriate to contact, consult and engage a local prudent lawyer for better appreciation of facts, professional advise and necessary proceeding.

P. Venu (Advocate) 29 October 2023

The news report suggests amendment, as proposed, in respect of properties which was acquired by third parties without their active awareness.

The facts posted disclose a consent deed disposing of the Writ Petition. As such, in my considered view, there is impediments in purchasing the property.

However, Banks have their own norms and it may not be that easy to secure financial assistance from them.