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ABSTRACT OF THE KARNATAKA SCHEDULE CASTE AND SCHEDULED TRIBES (PROHIBITION OF TRANSFER OF CERTAIN LANDS) ACT, 1978

BEARING ON REGISTRATION OF DOCUMENTS


Section3.(1)(b) granted land means any land granted by the Government to a person belonging to any of the Scheduled Castes or the Scheduled Tribes and includes land allotted or granted to such person under the relevant law for the time being in force relating to agrarian reforms as land ceilings or abolition of inams, other than that relating to hereditary offices or rights and the word granted shall be construed accordingly.

Section3.(1)(e) Transfer means a sale, gift, exchange, mortgage (with or without possession), lease or any other transaction not being a partition among members of a family or a testamentary disposition and includes the creation of a charge or an agreement to sell, exchange, mortgage or lease or enter into any other transaction.

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Section4. Prohibition of transfer of granted lands. (1) Notwithstanding anything in any law, agreement, contract or instrument, any transfer of a granted land made either before or after the commencement of this Act, in contravention of the terms of the grant of such land or the law providing for such grant, or subsection (2) shall be null and void and no right, title or interest in such land shall be conveyed nor be deemed ever to have conveyed by such transfer.

(2) No person shall, after the commencement of this Act, transfer or acquire by transfer any granted land without the previous permission of the Government.

(3) The provisions of subsections (1) and (2) shall apply also to the sale of any land in execution of a decree or order of a civil court or of any award or order of any other authority.

Section6. Prohibition of registration of transfer of granted lands. Notwithstanding anything in the Registration Act, 1908, on or after the commencement of this Act, no registering officer shall accept for registration any document relating to the transfer of, or to the creation of any interest in, any granted land included in a list of granted lands furnished to the registering officer except where such transfer is in accordance with this Act or the terms of the grant of such land or the law providing for such grant.

Section 7 : Exemption : Nothing in this Act shall apply to the transfer of granted lands in favour of the Government the Central Government, a local authority or a bank either before or after the commencement of this Act.

   
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