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Land record shows my land as inalienable

Shivendra Pratap Singh

Advocate

07/06/2019

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Hi, My father purchased land in Madhugiri district five years back. The issue is the land record show inalienable for 15 years, but the same was in landlord records for many years, so he got permission and then registered. He told that new records would not have  “inalienable”, but it is still there. Please guide how can remove it.

Question from: Karnataka

It is not clear how the land was recorded as inalienable in the revenue record. Either it was a government land or any patta land. There is a procedure for the conversion of land from inalienable to alienable land. If the tenure holder got right to transfer of the land then the land record shows it as alienable.

It would be best if you inquired from the revenue department about the land. Take at least twenty years of land revenue record from the department if the property was recorded as inalienable, then how the tenure got the permission and sold it. If permission was lawful and valid under the provision of The Karnataka Land Revenue Act, 1964 later the nature of land must be changed to the alienable land.

The revenue record (record of right) shows the nature of land as alienable when the tenure holder has the right to transfer it by way of sale, mortgage, lease etc. The government has the power to change the nature of the land upon fulfilment of certain conditions.

You have purchased the land, and tenure holder executed a registered sale deed in your name. It shows that he had the right to transfer the land according to the law. If he had such power, then the land record must indicate the nature of property as alienable. You have the right to apply for a change of character of the land or correct the revenue record based upon that sale deed. If the land is duly registered, then the revenue records must show it as alienable, and you have accrued a right apply thereof.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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