Sc land sold to general

This query is : Resolved 

11 January 2019

Dear Sir,
Greetings of the day!

My query is-
Iam going to buy a Piece of land (1 Acre land in uttrakhand). The land was owned by a SC and 10 years back it was sold to a General cast- Now I am (a general caste) want to purchase the land.
If I buy the land- in coming time can I apply for sec 143 of the land or there will be any complications.

Kindly advise.

Warm Regards
Kanav Arora
Uttrakhand- Almora

Isaac Gabriel (Expert)
11 January 2019

Legally no bar to buy.

Isaac Gabriel (Expert)
11 January 2019

Legally no bar to buy.

Sudhir Kumar (Expert)
11 January 2019

the person is possessing a defective title. The purchase doe snot appear to be legal unless he purchased the land from SC after NOC from Tehsildar.

Venture with caution.

kavksatyanarayana (Expert)
11 January 2019

SC person 10 years back sold the land to a General Caste. so at that time he should have been taken permission from the Revenue authorities. However check with the revenue authorities and obtain EC from Registrar office or online through E-seva centres.

P. Venu (Expert)
12 January 2019

There is no such classification as SC or ST Land. Generally, there cannot be any restrictions on the transfer of private property. It is only respective States have enacted law restricting transfer of private lands in Notified Localities. Please verify.

Please note that Land and Land Revenue is a State subject and hence local laws and regulations apply.

Sudhir Kumar (Expert)
12 January 2019

There is a certain ban in most of the state that land belonging to SC/ST cannot be purchased by general persons (without permission from Revenue Officer).

If the general persons buys such land he is liable to return the land and the said SC/ST who sold the land is not liable to refund the money.

Dr J C Vashista (Expert)
13 January 2019

Whether the land is "ALLOTTED" to SC "FREEHOLD" or "LEASEHOLD" ?
Consult a local prudent lawyer with relevant documents for better appreciation of facts and guidance.

ramesh (Expert)
19 January 2019

Check whether the land was allotted under any scheme and it's terms and conditions on allotment to the allottee.
You check with mother documents and with revenue department.

Bhaskaran Advocate (Expert)
26 January 2019

Generally if the seller who is an SC and is not of any criminal mind then such transfers does not give any problem to the buyer. The buyer can change all Khata, electrical connections etc to his name. No state will interfere.

Sudhir Kumar (Expert)
26 January 2019

Move with caution.

Sudhir Kumar (Expert)
26 January 2019

You have not at all stated vital facts

(1) In which State /Distt the land belongs
(2) Whether the sale was with NOC.

SO none can form a view whether the present seller has god title or defective title

Hemant Agarwal (Expert)
23 February 2019

1. Land is "allotted" to the SC, for self-sustenance and is a "new-tenure land" (Title with the Govt.) and such Land CANNOT be sold even to other SC/ST/OBC, without first converting it into "Old Tenure land (free hold)", by following proper procedure of law and obtaining permission from the district collectors office.

2. SC does not hold Title-Ownership in the Revenue records or under Transfer of Property Act. SC Land purchased (by whosoever, multiple times) is liable to be confiscated by the Revenue dept., without any compensation, whatsoever. This can happen by a simple complaint to the dist. collector.

3. HOWEVER, using a Registered POA & a Lease Deed, the POA holder can cultivate or represent for various permissions, from the competent authorities, without any further reference to the SC. BUT certainly CANNOT sell /transfer in own name or whatever. A joint-venture with the SC land-holder is also legitimate enough, for all purposes.

Keep Smiling .... Hemant Agarwal

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