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RCB (Software Engineer)     04 August 2011

Purchase of land belonging to a sc/st person

 

Sir/Madam,

 

Greetings. With an aspiration to buy a site in Bangalore, I had initiated myself to purchase a site located in JP Nagar Bangalore. After paying the initial advance to the site owner, with all the documents I approached a Private bank for a housing (site) loan. During this process, the bank lawyer had asked to get a NOC from the SC/ST Authorities and without which the loan cannot be processed further.

 

The entire layout consists of 6 Acres of land out of which 2 acres belong to a SC/ST person (who is deceased/no more) who sold it to Mr.DGowda  (who is deceased/no more) in the year 1963 and Mr.DGowda had converted those lands into sites of 30x40 and 40x60 dimensions which was later purchased by the current owner of the land in the year 2003.

 

On the above, I do have below queries:

 

1. I heard that the PTCL act is inforce from the year 1978. Will the same law applicable to this site as the purchase from the SC/ST person was made during 1963?

 

2. If yes, will I get a NOC from the SC/ST authorities?

 

3. If yes, where do I get that NOC and Do I need to take the NOC for the entire layout or is it only required for the site I am going to purchase?

 

4. Even after 44 years, Will the PTCL act help the family members of the first owner (SC/ST) to sue against the current owner or me (provided if I purchase the site) in future? 

 

5. Is it a risk to purchase such site? Will I face any issues in future as the previous to previous owner belongs to the SC/ST community?

 

6. If there is no risk in purchasing this site, I would certainly prefer to go ahead with the deal as I have spent enough time in collecting many documents related to the site during the past one month. What are the steps that I need to take now to avoid any legal issues in future?

 

Looking forward for your advise.



Learning

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