Manish Lodhi (Teacher) 12 January 2024

St land transfer

I belong to OBC category, my grandfather married a ST women after his 1st wife died. Later we got a good deal on a land owned By ST guy, so we purchase that land on the name of my new grandmother who belongs to Schedule Tribe. My grandfather died during corona period, we got the land owned by grandfather through the will but how can we transfer the ST land owned by my grandmother? She has no problem with transferring the land or selling the land but we r not able to sell it too so the other option is transfer land in our name but we belong to OBC, and her health condition is not that great now days, if we don't transfer the land on time the land would be transferred to her relatives who don't even talk to her or they could claim the land too? Advice needed..thank you

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anjali tamrkar 23 January 2024

As per the query
The facts that you stated it fall under the category of Section 99 which states that restriction on transfer of bhumidhar belonging to ST.
No bhumidhar belonging to a scheduled caste shall have the right to transfer, by way of sale, gift, mortgage or lease any land to a person not belonging to a scheduled caste, except with the previous permission of the Collector in writing .
So here the mandatory for your ST grandmother is to seek permission from the DM and if the DM gives permission, the land may be transfer from tribal to non tribal person.
In the case of Adivasie sarvangin vikash Samiti vs State of Maharastra and others ,justice D.Y chandrachud stated that “where there is a specific bar to transfer the property from tribal to non tribal person without seeking permission of appropriate authority, builder, developer cheats the tribal, So it is mandatory for the tribal transferor to take a prior permission of the DM.