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Showing posts from May, 2025

Precautions Before Buying Agricultural Land Granted to SC/ST Persons in India

 Precautions Before Buying Agricultural Land Granted to SC/ST Persons in India Updated for 2025 | By Mahantesh.G, Advocate Introduction Buying agricultural land in India can be a profitable venture. However, if you're planning to purchase land that was originally granted to a Scheduled Caste (SC) or Scheduled Tribe (ST) person, you need to proceed with extreme caution. Why? Because such lands are governed by special protective laws like the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (popularly known as the PTCL Act). These laws impose serious restrictions on sale or transfer of granted lands. Violation can lead to cancellation of the transaction—even after registration—and loss of the property without compensation. What Are SC/ST Granted Lands? These lands are granted by the government to SC/ST beneficiaries under land reforms and welfare schemes. The purpose is to improve social equity and secure economic stabil...
Why Survey documents play a crucial role in Title Verification. Introduction When verifying the title of an immovable property in India, most people tend to focus on documents like the sale deed, encumbrance certificate, and tax receipts. While these are essential to prove legal ownership, one crucial element often overlooked is the survey document. Survey records not only help in establishing the physical identity and extent of the property but also ensure the boundaries on the ground match what’s written on paper. Ignoring these records can lead to serious risks—ranging from boundary disputes to buying government or encroached land. In this article, we explain the importance of survey documents in title verification, the types of survey records you must check, and the potential consequences of neglecting them during property transactions. What Are Survey Documents? Survey documents are official land records maintained by the Revenue Department or Survey and Settlement Dep...

What is a Legal Opinion in Property Purchase? Why Its Contents Matter Before You Invest

  What is a Legal Opinion in Property Purchase? Why Its Contents Matter Before You Invest In India, buying immovable property can be both rewarding and risky. Property disputes are common, and land ownership laws are layered with complexities. This is why obtaining a legal opinion from a qualified advocate is not just a good practice — it’s a vital safeguard before making any investment in land or real estate. Yet, many buyers overlook this crucial step or rely on informal advice, unknowingly risking their entire investment. So, what exactly is a legal opinion, and why is it essential in property transactions? What is a Legal Opinion in Real Estate? A legal opinion is a formal document prepared by a legal expert , usually an advocate specializing in property law. It certifies whether: The title of the property is clear, The ownership is legally valid and marketable, The property is free from legal defects or disputes. Think of it as a legal health report for the pr...

Why Obtaining a Legal Opinion Before Purchasing Immovable Property is important.

Why Obtaining a Legal Opinion Before Purchasing Immovable Property is Essential Buying immovable property is one of the most significant investments in a person’s life. In India, where land records are often unclear and property laws vary from state to state, skipping a legal opinion can turn this investment into a financial nightmare. What is a Legal Opinion in Property Transactions? A legal opinion is a formal, written assessment provided by a qualified advocate—usually one with expertise in property law. It certifies whether the property in question has a clear, marketable title and is free from legal encumbrances. This legal check acts as a protective shield for the buyer, ensuring that their investment is legally sound. Key Advantages of Obtaining a Legal Opinion 1. Verification of Ownership and Title An experienced advocate will scrutinize title deeds, past ownership records, revenue documents, and mutation entries to: Confirm the legal right of the seller...