If the land was granted by the government to SC/ST, then you need to be careful. If the land was re granted by the Government of Karnataka under the scheme of SC/ST. There is a clear prohibition to transact with these lands under law and there is no limitation period to claim back such land by the grantee or his legal Heirs. Any transaction with these lands are illegal and lands will vest back with the original grante. However with the permission of jurisdiction District Commissioner these land can be transferred subject to purchaser shall provide alternative lands to granties.
If the land was granted to persons belongs to SC/ST community, buying such land directly from the grantees or third parties would be subjected to provisions of PTCL ACT (Prohibition of transfer of certain land) wherein such transfer will be declared as illegal and such lands will be returned to original grantee or his legal heirs. However with the permission of District Commissioner and in compliance of law, property can be transferred to third parties.
The preamble of the Act reads:
“An Act to provide for the prohibition of transfer of certain lands granted by the government, to persons belonging to the scheduled castes and scheduled tribes in the state, which means any land granted to the landless agricultural laborer's belonging to scheduled castes and scheduled tribes, cannot be purchased. Anyone who purchases such a property, will not get clear and marketable title; such property will be eventually acquired by Government and returned to the original owner without any compensation to the purchaser.”
The problem lies in the fact that when the grantee goes to sell the land which he is not supposed to the Govt does not refuse to register this Sale but officially accepts it as a legal sale. Later the grantee goes back to the Govt and claims this land back. The law then says the land has to be returned to the grantee without any compensation.
Limitations of the Act a) Land cannot be sold without permission from Govt. within 15 years b) Most grantees sell the land immediately on receiving the granted land. This is officially registered as a Sale of Property by the Govt. of Karnataka. The Transfer of Property Act 1882 c) The original grantee or his heirs can claim the land back after 100 years even if land has changed hands officially through Registered Sale Deeds a number of times.Strangely The Limitation Act Does not apply to this law[7] e) This law is retrospective in natureEx post facto law#India d) The current owner should handover possession including building, trees etc. without any compensation even if taxes are paid and land has been registered in the purchasers name by the Govt. of Karnataka.[8] f) The current owner may have purchased it from another party and may be the third or fourth in line in which the property has changed hands. But only the current owner is expected to bear the loss of all accumulated purchases and sales [9] g) International Real Estate Companies have warned about investing in Bangalore because this law does not have a Limited time period and other laws which lack clarity and need to be altered by the State Govt .
Please add if any points i have missed.
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