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Purchasing Site in Arkavathy allotted to Farmer
Posted: March 26th, 2013, 5:15 pm
by vvh
I am planning to purchase a site in Arkavathy Layout Sampigehalli.
This site was allotted to the farmer under the 40% share. This has then been bought and registered by another person.
I would be the third person to own this.
All the Khata transfers are in place and the tax has been paid.
Does anyone see any issues in purchasing such a land?
Re: Purchasing Site in Arkavathy allotted to Farmer
Posted: March 27th, 2013, 10:33 am
by shankymysore
As far as i Know there should be a 10 year lease period ..which will avoid from selling. If that rule is removed now..Pls check on it..
There shouldn't be any issue..My cousin had bought similar site and it is perfectly okay..but make sure all transactions are correct and legal..
Regards
Re: Purchasing Site in Arkavathy allotted to Farmer
Posted: March 27th, 2013, 12:47 pm
by jpnagarprop
As per my knowledge, 40% share alloted back farmer might once can have litigation like ancestral (what we are seeing in DC conversion sites) in future. It won't be similarly safe like BDA allotee site.
Re: Purchasing Site in Arkavathy allotted to Farmer
Posted: March 27th, 2013, 12:54 pm
by vvh
40% share allotted will not be in the same land that the farmer gives. So no ancestral rights exists. The papers are similar to BDA allotting sites to individuals except the 10 year clause.
I have enquired the same in BDA office and they mentioned that there is no lockin period for the farmers so that they can sell at market price and make profit instead of a fixed amount from government.
Re: Purchasing Site in Arkavathy allotted to Farmer
Posted: March 27th, 2013, 5:08 pm
by tvsh
vvh wrote:40% share allotted will not be in the same land that the farmer gives. So no ancestral rights exists. The papers are similar to BDA allotting sites to individuals except the 10 year clause.
I have enquired the same in BDA office and they mentioned that there is no lockin period for the farmers so that they can sell at market price and make profit instead of a fixed amount from government.
I have purchased a land loser site and living in one. In the older BDA layouts, there was no 40% share to the farmer. The farmer was given compensation for the land and a 60x40 site was given for each acre as encouragement for the farmer to give up land without any litigation. The farmer had to pay 50% of the cost of the site. I am not sure how it is done with arkavathy layout. Even though the ancestral rights did not flow over to the BDA site, the farmers can create trouble by filing a case and geting a stay order while your house is being constructed. They may not win the case,but can delay your house and cause you nightmares. So it is better to get family tree and get affadavits from each member of the familty that he does not have any objection for the sale. This way you can be reasonably sure that there would not be issues later. Land loser sites do not carry 10 year lease period and hence used to be in demand in layouts where the lease period was not yet over.
Re: Purchasing Site in Arkavathy allotted to Farmer
Posted: March 27th, 2013, 5:36 pm
by vvh
Thank you tvsh.
The previous person who has bought the site from the farmer has got all his children to be the witness in the sale deed. All the children have their signature as witness and the photos in the sale deed.
Re: Purchasing Site in Arkavathy allotted to Farmer
Posted: March 27th, 2013, 7:37 pm
by tvsh
If you have the family tree of the farmer along with the sale deed with signatures of all the children, then I think it is safe to buy the site.
Re: Purchasing Site in Arkavathy allotted to Farmer
Posted: April 5th, 2013, 8:47 pm
by jpnagarprop
I checked with lawyer: If incentive site given to landlord, the legal heirs have right on incentive site, so get family tree and get signature of all legal heirs.
Re: Purchasing Site in Arkavathy allotted to Farmer
Posted: June 7th, 2013, 10:19 pm
by shekhar017
Hi vvh,
Did you purchase the land in Arkavathy layout.
Me too came accross similar offer.
Could you please let me know is it safe to buy land in Arkavathy layout?
Re: Purchasing Site in Arkavathy allotted to Farmer
Posted: June 8th, 2013, 6:51 am
by sam_m400
How do we get authenticated family Hier structure as i haven't see anyone like that? Is it is given during sales deed from subregistar office ,or we need to obtain separately......