Can a schedule tribe of one state (ex: jharkhand) buy

This query is : Resolved 
 

Online (Querist)
22 January 2021

Dear sir,

Can a schedule tribe of Jharkhand buy land from a Schedule tribe of Andhra Pradesh? If yes what’s the procedure. Does it also need the collectors permission? Please advise.


P. Venu Online (Expert)
24 January 2021

Please post complete facts. Anyhow, there is no general provision of law which prevents such a sale unless the land happens to be of restricted tenure.

N.J.S.Rajkumar alias narasimhaOnline (Expert)
24 January 2021

Retd Govt Officer P .Venu should not Misguide the Querist with his Vague Thoughts like what he does repeatedly , for example in the Thread " Advocate Logo " Please.

N.J.S.Rajkumar alias narasimhaOnline (Expert)
24 January 2021

Querist -- Please Refer the " Andhra Pradesh Assigned Lands (Prohibition of Transfers ) Act --1977. (as Amended in Act 8 of 2007 and Act 21 of 2008 ) Better show all the concerned Documents to an Advocate and Check the applicability of the Prohibitions Legally and then Proceed.

K RajasekharanOnline (Expert)
24 January 2021

In general a Scheduled Tribe person can sell his property to another ST person.

This restriction of prior permission by the collector for selling a land to a person from another community is enforced by the state laws. So you have to check the AP law itself. The law may be available on the net.

In Kerala an ST member can buy a land from another ST member without the permission of the District Collector and what our state law says is that "any transfer effected by a member of a Scheduled Tribe, of immovable property possessed, enjoyed or owned by him, on or after the commencement of this Act to a person other than a member of a Scheduled Tribe, without the previous consent in writing of the competent authority, shall be invalid".

kavksatyanarayanaOnline (Expert)
24 January 2021

There is no such bar in AP. so a person from any here can buy land.

P. Venu Online (Expert)
07 February 2021

The Kerala Act, viz. the Kerala Restriction on Transfer by and Restoration of Lands to Scheduled Tribes Act, is applicable only in respect of Agricultural Lands.

Sunil MamiduriOnline (Querist)
08 February 2021

Thank you all for answering to my queries.



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