Purchasing of agriculture land from sc catagory
pradeep
(Querist) 19 October 2013
This query is : Resolved
Transfer of agriculture land between SC category to SC category which is granted by Government,
Is legal in Karnataka ? or should i get permission From collector ?
Devajyoti Barman
(Expert) 19 October 2013
It involves local issue. Someone from Karnatake may help you.
Generally transfer between SC people is not restricted.
prabhakar singh
(Expert) 19 October 2013
Yes!Land laws are different in states.
In up transfer between SC to Sc is not prohibited but between SC and non Sc mandatory pre permission of DM is required
in absence whereof the sale deed is treated VOID.
ajay sethi
(Expert) 19 October 2013
agree with experts . transfer to non SC is prohibited . contact a local lawyer
pradeep
(Querist) 19 October 2013
Thanks for your reply sir,
yes i have done that year ago lawyer said should get permission from DC., and yesterday One of my friend told me that no need to get for SC to SC category it is from supreme order its seem that order has passed year ago..., I need some clarification plz....,
prabhakar singh
(Expert) 19 October 2013
Do not believe on HEARSAY RUMORS.
Your case would most probably be governed by
THE KARNATAKA SCHEDULED CASTES AND SCHEDULED TRIBES (PROHIBITION OF TRANSFER OF CERTAIN LANDS) ACT, 1978
Its' section 4 lays down the prohibition which reads as reproduced below:
""4. Prohibition of transfer of granted lands.- (1) Notwithstanding anything in any law, agreement, contract or instrument, any transfer of granted land made either before or after the commencement of this Act, in contravention of the terms of the grant of such land or the law providing for such grant, or sub-section (2) shall be null and void and no right, title or interest in such land shall be conveyed or be deemed ever to have conveyed by such transfer.
(2) No person shall, after the commencement of this Act, transfer or acquire by transfer any granted land without the previous permission of the Government.
(3) The provisions of sub-sections (1) and (2) shall apply also to the sale of any land in execution of a decree or order of a civil court or of any award or order of any other authority.
HENCE CLUE WHETHER OR NOT PERMISSION IS REQUIRED LIES IN TERMS OF GRANT BY GOVERNMENT.
OTHERWISE PERMISSION IS REQUIRED EVEN WHEN TRANSFER IS FROM SC TO SC.
