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Property buying - Confirmation on the case details


07-Apr-2023 (In Property Law)
I am planning to buy a property that was allotted to a woman belonging to Scheduled Tribe. The property was allotted to her directly by Govt of Karnataka in 1975 and the condition was not to sell it for 25 years. she later constructed a house and in the Year 2008 did a gift deed to her grandson (son's -Son) and gave him free will to enjoy the property. grandson has 4 siblings and his mother with him and all of them have agreed to register the property with us. he has no father (expired few yrs ago). and as per the family tree he has submitted to us , allotee has only one son and no other siblings to her. (which we cannot verify and should go by his words). they have agreed to provide family tree attested by Tahasildhar and all 5 (siblings and his mother) will sign on that family tree document. so is it safe to proceed to buy this with no problems in future. Allotee was also old and is no more.
Answers (2)

Answer #1
732 votes
Hi. At the outlook whatever you have explained looks good but no lawyers can suggest you to purchase the property based on facts explained like you did. We have see the documents and then give a green signal. You can get the documents verified by an advocate for better understanding
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Answer #2
638 votes
Respected

As you informed it is granted land, hence it is required to take prior permitssion from the conncerend authority. As the PTCL law striclty speak for the same.

Wihtout taking such permission if you proceed with the Sale Deed, the Sale Deed will be null and voide. Even you cannot be permitted to enter into agreement of sale and it such was done, that will be at your risk.

Better, You Request them to take permission Under Section 4 of the PTCL Act, After permission only you can proceed with the sale purchase.

If ok you can contact us or contact any advocate knwon to you.

Dont proceed with sale purchase of any investement in the form of advancement untill otherwisde above stated procedure complated.
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