2 Answers
Dear Sir,
Yes — you can claim the land, but your success will depend on certain crucial facts such as revenue records, possession, limitation, and whether fraud was involved.
Since this involves granted land in Karnataka, the matter is legally significant.
Key Legal Issues in Your Case
Grant of Agricultural Land by Government (1960)
In Karnataka, agricultural lands granted by the Government are usually governed by:
The conditions in the Grant Order
The Karnataka Land Grant Rules
The Karnataka Scheduled Castes & Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (if applicable)
If your grandfather was the original grantee, then:
The land belongs to his legal heirs after his death.
No unrelated person can legally sell it.
Any such sale may be void.
🔍 Important Questions to Determine Your Right
Please verify:
Do you have a copy of the Grant Certificate / Saguvali Chit?
Is your grandfather’s name reflected in old RTC (Pahani) records?
Was the land granted to SC/ST category? (Important for PTCL Act)
Is the land currently in possession of the purchaser?
When did this illegal sale happen?
Has mutation been done in purchaser’s name?
If Sale Was By Stranger (Not Legal Heir)
If a stranger executed the sale deed claiming he was the grantee:
The sale is void ab initio
It amounts to fraud and impersonation
You can:
File a Civil Suit for Declaration & Cancellation of Sale Deed
Seek Possession
File complaint for cheating and forgery
Under the Limitation Act:
If fraud is involved → limitation starts from date of knowledge (Section 17 of Limitation Act)
Dear client,
If your grandfather did not sell the land to another party legally, then you can lay claim to that property.
The property is owned by whoever the government gives it to when they are living, and then when the person dies, the land is given to the survivors of that person (wife, son, daughter). After the original owner's death, any other person cannot transfer title to that property unless they were in possession of a legitimate sales contract.
If someone sold that property and lied about being the owner of the property to sell their brother the property, that sale may be illegal and could be voided.
To defend your right to that property, you will need to complete the following steps:
1. Contact the appropriate revenue office (Tahsildar) for the original grant order issued by the government for the land.
2. Obtain the RTC, mutation records, and pahani to determine the current record owner's name.
3. Obtain a copy of the sale contract from the person who sold it to his brother.
4. Investigate the legitimacy of how the person became the current record owner.
If you find fraud or misrepresentation in the process, you can file:
1. A civil lawsuit claiming either declaration/ownership or recovery of possession.
2. A motion with the revenue department requesting that the revenue records be properly corrected.
There are no time limits on bringing a lawsuit against a fraudulent or illegal transfer, however, the longer you wait the more difficult it will be to prove your case. You should also consult a local property attorney as soon as possible.
If you have any query please feel free to contact us