Advocate S Selvakumar|Property advocates in Bangalore|Property lawyers in Bangalore
In a
Democratic Country, welfare of the poor, depressed, have-nots is one amongst
the considerations of the govt.. To mitigate the suffering of such folk’s
government usually grants land in order that they cultivate the land and earn
their keep. It imposes restrictions on transfer of such granted land surely
amount to confirm that the specified welfare objectives don't seem to be
defeated.Members of Schedule Castes and
Schedule Tribes square measure the foremost exploited.
As mentioned
over and over, the sale and buy of agricultural land in Karnataka has varied
restrictions. Government of Karnataka has place a lot of severe restrictions on
transfer of lands granted to Schedule Casts and Schedule Tribes.The relevant legislation is “the Karnataka
Schedule Castes and scheduled Tribes (prohibition of transfer of sure lands)
Act 1978 and Rules 1979.
This is a
social rural legislation to empower the downtrodden and conjointly to forestall
their exploitation.This Act has preponderating result and takes management of
all granted lands, no matter law underneath that they were granted by it
underneath Karnataka Land Reforms Act,Karnataka Land Revenue Act, Mysore Land
Revenue Code or those of erstwhile provinces like Mumbai, Coorg, Hyderabad,
Madras and prohibits transfer of such lands while not the permission of the
govt.. This Act has acquired force from 01.07.1979.However; the Act covers
lands granted even before the commencement of the Act.
Granted
land, is any land granted by the govt. of Karnataka to the person happiness to
any of the Schedule Caste or Schedule Tribes It conjointly includes lands
granted to such persons underneath any relevant law good for the nowadays
concerning rural reforms, land ceiling ending of Inams except those regarding
hereditary offices or rights, that's the lands granted underneath hereditary
offices like thoti, Neeruganti etc. that don't seem to be lined underneath this
Act.
The
Presidential orders 1950, underneath articles 341 and 342 of the Constitution
of India have declared the state-wise list of Schedule Castes and Schedule
Tribes.The list has connexion to the
State during which the members of the community reside.A caste classified as Schedule Caste in one
state might not be thus in another state.
Persons who don't follow faith of Hinduism, faith and Buddhism don't
seem to be deemed as members of scheduled Castes.
The Act
prohibits not solely sale however conjointly any variety of transfer of land
while not previous permission of the govt..The word transfer as utilized in
this Act encompasses sale, gift, exchange, mortgage, lease or the other similar
group action.It prohibits the mortgage
whether or not with or while not possession.It includes creation of charge, or an agreement to sell, exchange,
mortgage etc.But partition among relations and disposition by can don't seem to
be lined. Transfer of granted land to a different member of Schedule caste or
tribe could be a violation of this Act.
Section four
of this Act is a lot of crucial and vital.It spells out that transfer of any land granted before commencement of
this Act or once, in dispute of terms of Grant, is null and void which implies
such transfer is defunct.The transferee
won't get lawfully valid title or interest or right to such property.
Further, it
clearly mandates that any transfer of granted land wants previous permission of
presidency. Permission of the govt. is
additionally necessary available of the land in execution of any decree or
order of a civil court or any authority.
This makes it terribly clear that any transfer of granted land even once
compliant with terms of grant, wants the previous permission of presidency. Even moving into agreement to sell wants
previous permission of the govt..
The land
might need been granted freed from value, or at reduced worth (upset
price).Reduced worth means that the
value supported land revenue and not value.In several cases, the recipient, that's the person to whom the land was
granted, are asked to pay worth capable land revenue of some years. it's been
control in one case that prohibition of non-transfer of land will be obligatory
solely just in case of lands granted freed from value or reduced (upset) worth.Land granted on receipt of value is sale and
not grant. However it's suggested to get permission from the govt. for purchase
of any variety of grant land from members of Schedule Castes and Schedule
Tribes.
The land is
granted to the members of Schedule Castes and Tribes with sure conditions like:
1.The
recipient shall not transfer the land for a amount of fifteen years from the
date of acquiring.
2.The land
ought to be brought underneath cultivation inside 3 years from acquiring.
3.The
recipient shall cultivate the land in person
4.The land
shall be used for the needs that it absolutely was granted and any modification
of use needs previous permission of the govt..
5.The
recipient shall plant inside a amount of 1 year one tree for each 10 guntas or
ten trees for one square measure.
6.The land may
be granted not just for agricultural purpose however also for constructing
residential accommodation with restrictions on transfer.Though' the
restriction on transfer of the granted land is fifteen years, the govt. could
allow the transfer once a lapse of 5 years relying upon the circumstances and
therefore the wants of the recipient. The procedure for grant of lands is ruled
by karnataka assignment Rules 1969. Transfer of any variety of lands granted to
the members of scheduled Caste/Tribe needs previous permission of the govt..
Now we have
a tendency to shall discuss the transfer of land granted to the members of
Schedule Castes and tribes inside the amount of restriction on transfer or
while not the previous permission of the govt..As explicit earlier the
transferee won't get any lawfully valid title, interest, right in such property.
More the govt., drawn by the Assistant Commissioner, once a research could take
possession of such land by evicting the persons who square measure in
possession of land. However, sufficient
chance are provided to the transferrer to gift his version of the case.
After taking
the possession of such transferred granted land the govt. restores the land to
the first recipient or his legal heirs.
If it's much insufferable to revive such land to the recipient or legal
heirs, the land can vest with government, freed from all encumbrances. The
govt. could grant such land to the other member of Schedule solid or Schedule
Tribe eligible for grant. If the
enquiring authority finds that the transfer of land has not desecrated any
provisions of the Karnataka Schedule Caste and Schedule Tribes Act 1978, orders
are passed consequently.
The
Government has powers to initiate action by the mere undeniable fact that the
granted land is within the possession of an individual aside from original
recipient or his legal heirs. It’s not necessary that the first recipient or
his legal heirs to lodge the criticism.Any interested person or on data provided by somebody or the govt. on
its own could initiate action. The Act conjointly provides for attractiveness
by the aggrieved persons who has lost possession of the land purchased.He could attractiveness to the Deputy
Commissioner having jurisdiction inside 3 months from the date on that order of
Assistant Commissioner was communicated to him.
Deputy
Commissioner has conjointly got powers to excuse the delay in preferring
attractiveness, if happy with the cause for delay. Deputy Commissioner can dispose
the case supported deserves. The Act prohibits the registration of any documents of transfer of such granted land while not compliance of the
availability of this Act that's while not previous permission of the govt..
Every
registering workplace is given a listing of granted lands falling in its
jurisdiction.However, this prohibition
won't apply to transfer of granted land in favor of authorities, Central
Government, office or Bank. what's a lot of serious is that the penalization prescribed for deed the land granted to the Schedule Casts and Schedule Tribes
in violation of the provisions of this Act that's while not previous permission
of the govt. and in dispute of terms of grant.Such transferee on conviction could also be disciplined with imprisonment
upto six months or fine up to Rupees 2 Thousand or each.
Following
are a number of the vital verdicts concerning the Act.
1.Unless
established otherwise, if an individual aside from recipient is in possession
of the granted land, it's to be likely that the land is transferred and it's
null and void [ILR 1997 (1) KLR 474]
2.Possession
by a persona non grata won't quantity to transfer underneath the Act [ILR 2002
(2) KAR2431]
3.Alienation
to bank isn't prohibited [ILR2002 (3) KAR 3780]
4.Alienation
of granted land within the sort of mortgage while not previous permission of
the govt. is void [2000(2)KLR SN21]
5.When
authority granting land has not obligatory the condition of alienation, the
authority supply Saguvali account cannot impose such condition [ILR 1999 (1)
KAR 261]
6.To avail
the advantage of adverse possession, such possession ought to be for thirty
years before the Act returning into force (1995 (5) KLJ732).
7.Whether
the grant is for asking price or otherwise the prohibition is applicable [1991
(1) KLR 373].
8.Only when
land was granted free or at reduced worth, the sole non-alienation condition
will be obligatory [1996 (3) KLJ thirty four DB]
9.If the
transferee has created some enhancements he cannot claim compensation on
eviction [1992 (4) KLJ1].
10.Even bits
of land granted for house sites are lined by the Act [ILR 2001 (3) KAR
3753.:2001 (4) KCCR tin 320-DB].
11.Though
the act is socio-agrarian legislation in its action geared toward up the social
and economic standing of the members of Schedule Castes and Schedule Tribes,
the prospect of its misuse isn't rare. several grantees, legal heirs sell the
granted lands to innocent those that are unaware of the provisions
of this Act and presently claim that such transfer as null and void. tho'
cognitive content of law isn't any excuse, the govt. ought to conjointly
educate the general public and land records like RTC, RRPR etc ought to clearly
indicate the character of the land and restrictions on its transfer.
But the RTC
or RRPR ne'er discloses this prohibition. though' there's prohibition on
registration of such land within the Act, there's no relatiative provision for
violation by sub-registrars. Several registering officers register the transfer
of such granted land over and over in connivance with the vendor.
The ultimate
victim is the innocent customer who loses the property and cash and is
additionally in danger of facing imprisonment and fine. Any social legislation ought to make sure
that equity and justice is administrated to any or all and a fine balance is
smitten.
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