muddu (as) 07 September 2023

Is it legal to buy a dc converted site which belongs to sc/st ancestral property developed on gpa

Dear Sir/Madam, I have bought a residential site 3 years back near Nelamangala, Bangalore Rural district of Karnataka. It is developed on a property belongs to SC/ST which ancestral property for the original owner. We have documents from 2000-2001 that shows this is a ancestral property. This property developed by a Developer based on GPA given to him from the original owner of the property. GPA holder (Developer) sold the sites to us in 2016. Here are my questions regarding my site which I bought. 1. Do you see any issues buying a developed site developed on SC/ST ancestral property? 2. Sale deed is signed by GPA holder and not the actual owner, Do you see any issues here? 3. On the registered GPA, they have shown the amount settled(as part of sale) for actual owners of the property. Is this legal? 4. Revenue records still show original owner with revenue authority even after DC conversation of whole land. Any issue here? 5. Do you suggest me anything which i need to take care before I get into legal issues?

Regards,

Muddu

Reply Follow

3 Replies

P. Venu (Advocate) 07 September 2023

How is that the property is ancestral? What do you mean by SC/ST? It could be either be SC or ST, not SC/ST?

Dr. J C Vashista (Advocate ) 08 September 2023

Whether the principal grantor of GPA is alive or not on the date of sale/ purchase transaction ?

Whether subject property is allotted to person(s) of a specific caste / class imposing any restriction on transfer of its title ?

Whether the developer has handed over possession of the site to its owner(s) on completion of his task / as per terms and conditions of development agreement ?

Facts posted require to inspect title of the subject property through a local prudent lawyer to ascertain its marketability or otherwise.

muddu (as) 09 September 2023

Thank you for taking your time to reply on my queries. It is a great help. Here are few more information i have on this.

How is that the property is ancestral?

We can see an IHC 1958-59 of partition among brothers and another partition in among their children 1997-98. We can see those entries in Phani.

What do you mean by SC/ST? It could be either be SC or ST, not SC/ST?

It is a SC property.

Whether the principal grantor of GPA is alive or not on the date of sale/ purchase transaction ?
GPA holder(s), She is alive now.

Whether subject property is allotted to person(s) of a specific caste / class imposing any restriction on transfer of its title?

No, I do not see any restrictions or it is does not specify whether this is a Govt granted Inam or Inamti property. I do not see any such entries in Phani from 1997-98.

Whether the developer has handed over possession of the site to its owner(s) on completion of his task / as per terms and conditions of development agreement ?

No, as per GPA's Terms and Conditions, permission was given to GPA holder to obtain necessary permission for converting the land, develop and sell them on their behalf.

These are the information I have so far. Thank you for your further suggestions.