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GAURAV KUMAR (NA)     27 April 2014

Inter caste marriage

Dear Sir,

My cousin is from upper caste and native of Uttar Pradesh and he got married a Scheduled caste girl of Chhattisgarh state . I have two questions:-

 

1) Can they purchase the agricultural land of SC/ST in joint name where he is upper caste  but his wife is SC.\

2)As the caste of the children will be same as the caste of their father, what will the ownership status to the child after the death of the mother.

 

Regards,

 

Gaurav Kumar



Learning

 11 Replies

Laxmi Kant Joshi (Advocate )     27 April 2014

1. They can not purchase the land of a ST , but after taking permission from DM of that district they can purchase the land of a SC . 2. The children were the legal heir after the death of their mother or father .

Sudhir Kumar, Advocate (Advocate)     28 April 2014

she cotinues to be SC and can purchase land of SC.  But I doubt whther her non-SC children can inherit the same.  Please meet local lawyer for local laws.

Dr J C Vashista (Advocate)     28 April 2014

I agree with Mr. Joshi.

pusha (Sofware Engineer)     28 April 2014

Hello Sir, I am from ST(Nayaka) caste got married to a guy from Kuruba(2A). Now if i want to apply for a government job can i claim as ST itself and have the benefit of quota. Kindly answer as i need to apply

Dr J C Vashista (Advocate)     30 April 2014

Although the caste benefit is extended on the basis of birth but it shall change after your marriage (to be disadvantagous for you)

1 Like

pusha (Sofware Engineer)     30 April 2014

Hello Sir,

 

So finally should i continue as my husband in future as 2A or general instead of ST(Nayaka).

Kindly suggest.

 

Thanks and regards

T. Kalaiselvan, Advocate (Advocate)     30 April 2014

@Pusha: your  marital status will not affect your community status.  You can continue to remain in the ST community itself and you are very much eligible for all the benefits and privileges  that have been made available/provided by the respective state governments to your community hence you need not convert yourself to your husband's community (which is not possible) and you can retain the status of your birth.

I am sorry Dr. Vashista Sir, I may have to disagree with your opinion in this regard.

1 Like

T. Kalaiselvan, Advocate (Advocate)     30 April 2014

@ Gaurav:  Your cousin's wife will not lose her caste status just because she has has married other community person.  She belonging to SC Community, she can very well purchase a land meant only for SC community people but on her name alone.  their children have the option to choose the community ofeither their father or mother.

Dr J C Vashista (Advocate)     01 May 2014

Thank you very much for correcting me.

pusha (Sofware Engineer)     05 May 2014

Thank you T. Kalaiselvan and Dr. Vashista for the suggestion .

T. Kalaiselvan, Advocate (Advocate)     05 May 2014

You are welcome, Pusha.


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