AMASRA: 2.15 Section 12. Purchasers at certain sales and persons claiming through owner bound by instrument executed by owner.

2.15 Purchasers at certain sales and persons claiming through owner bound by instrument executed by owner:

2.15.1 Bare Act Provision:

12. Purchasers at certain sales and persons claiming through owner bound by instrument executed by owner.―Every person who purchases, at a sale for arrears of land revenue or any other public demand, any land on which is situated a monument in respect of which any instrument has been executed by the owner for the time being under section 5 or section 6, and every person claiming any title to a monument from, through or under, an owner who executed any such instrument, shall be bound by such instrument.

2.15.2 Interpretation of the provision:

Section 12 of the AMASR Act, 1958, establishes that individuals who acquire land through a sale for arrears of land revenue or other public demands, or those claiming title to a monument through the original owner, are legally bound by any instrument i.e. agreement or undertaking executed by the original owner under Sections 5 or 6 of the Act. This ensures that obligations related to the preservation of monuments remain enforceable, regardless of changes in ownership.

If the land includes a monument protected under the AMASR Act and the original owner had executed an instrument e.g., an agreement for maintenance or access under Section 5 i.e. protection of monuments or Section 6 i.e. acquisition or agreement for preservation, the new purchaser is legally bound to comply with that instrument. Thus if a monument owner signed an agreement to allow public access to a protected monument, the buyer at a revenue sale must honor this obligation.[1] Such obligation is extended to anyone who derives their title to the monument or land containing the monument from the original owner who executed the instrument. This includes heirs, successors, assignees, or anyone claiming rights through legal transfer e.g., inheritance, gift, or sale. These individuals are also bound by the terms of the instrument. If the original owner’s heir inherits land with a monument, they must adhere to any preservation or access agreements signed by the original owner.[2]

Privity of Contract with Statutory Override is the doctrine that safeguards the cultural and historical value of monuments by ensuring that obligations for their maintenance, access, or preservation are not extinguished by transfers of property, whether through forced sales e.g., for revenue arrears or voluntary transfers e.g., inheritance or sale.

Section 12 of the AMASR Act, 1958, is a critical provision to ensure the continued protection of Bharat’s cultural heritage by binding new owners to preservation obligations. Its underlying doctrine overrides traditional privity of contract to prioritize public interest. However, ambiguities in terms like “instrument” and “public demand,” lack of notification requirements, weak enforcement mechanisms, and potential conflicts with property rights create loopholes that could weaken its impact. Addressing these through clearer definitions, mandatory notifications, robust enforcement, and balanced property rights considerations would strengthen the provision and better safeguard Bharat’s monuments.

References:

[1] Agreement Relating To The Sale And Purchase Of Monument Business, available at https://www.sec.gov/Archives/edgar/data/1068199/000119312507168096/dex101.htm, Last visited on 20.07.2025

[2] “While inheriting a property…” Deccan Herald Dt. 14.04.2027 available at https://www.deccanherald.com/content/606259/while-inheriting-property.html, Last visited on 20.07.2025