In the hunt for land or sites or plots for constructing our dream home or for making future investment, very often we come across the land as the “Granted Land”. Now what is this “Granted Land”? Can I buy this type of land? Will it be legal? To answer these questions you have to understand what “Granted Land” is.
Here we try to understand the “Granted Land” in very simplest way.
The agricultural land of say 4 acres each given for the poor persons for the sake of their lively hood only, from the government, with a condition that such land cannot be sold or mortgaged in any way till the life span of the received person. Here the person who got the land from the government is called “Grantee”.
The Grantee cannot sell this type of land in any way to any one at least for the 15 years from the date of transfer of land from government to his name. And if in any case this is violated and the land is sold to any person say “BBB” from Grantee itself then the “Sale Deed” which is raised on this type of transaction is thereby said as void and the granted land will be restored to the grantee itself from the purchaser “BBB” with a warning.
If court finds that the Grantee is trying to sell the Granted Land again and again even after restoring, then the court may ask the government to take back the land from Grantee.
Now having said that for at least 15 years Grantee cannot sell the land, does that mean if the land is sold after 15 years say 16 years then is it fine to purchase that kind of land?
As per rules are concerned the Grantee should have to take the permission of the government or from court before selling the “Granted Land” i.e. prior to first “Sale Deed” or first transfer of such land. If not then such transfer or Sale Deed is void (No Value in government/court’s eye).
It is evident that in many cases such grantees hires comes into picture after several years and they file an appeal in the court for claim of such land. And the land will be restored to their heirs based on the facts.
Many developers/builders/banks are neglecting the actual meaning of “Granted Land”. They are promoting these lands knowingly or unknowingly for their greed of money. They are finding new ideas or loopholes to cheat the buyers with many taking “AC Order Certificate” now (when the Granted Land was already sold from one person to other long before). It is just like committing a crime and then proving your intelligence by patching it up or covering it up from law.
I have seen many people to ask one of the questions when dealing with a land “Is it approved by a bank?” Well it’s good to enquire like this, however my suggestion is don’t just depend on this answer. The bank can disburse the loan for you. But what will you do when you what to sell it to someone in future? Do you have complete documents with you? Well I guess no. Because you simply trusted bank and forgot about documents verification from your side at the time of dealing the land. Now after some years I hope it can only be your luck which can make you sell the land.
The buyers of these lands have to understand that the kind of land they are dealing with. They have to take proper help from a Good Lawyer who can be trusted. Also one has to understand that you can trust a person irrespective of profession only when he is prompt to his work, he should be trust worthy, and he should be obedient to the customer or the other person who has approached him for help at least to his extent.
It should also be noted that if a person is asking high fees then it doesn’t mean that he can be trusted or he is good at his job. Similarly is the case in other way. So it is the buyer’s sole responsibility to know what they are dealing with and also with whom they are consulting with. Best way is to take more than one suggestion and also go through the documents yourself and try to understand it. It’s not like not at all possible. All it needs is bit time and passions to get rid off and to understand. Also the same has to be borrowed from the seller without any hesitations. Ask few extra days than which you require, say 20 days if he is giving only week. Within this time period if you are satisfied then you can always go back to him and continue dealing process. It’s not one or two thousand. It could be your whole life earnings which you are going to invest.