Want to purchase adhivasi land of act 1966 36a and 36va
shaebaz
(Querist) 12 January 2016
This query is : Resolved
dear sir,
good morning,i m purchasing the land of adhivasi which is of 1966 act 36a and 36va.can it be possible to purchase the land by making any agreement with him or we can registered through the government rule has he wanted to sell his 5000 sq.ft to me.
plz send the details if possible on my mail id shaebaz.peerzade1985@gmail.com
Adv. Yogen Kakade
(Expert) 16 January 2016
No.. you won't be able to purchase it unless you are adiwasi.. you can execute a long lease agreement for 99 or 999 years.
Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888
K.S.Srinivas
(Expert) 24 January 2016
No you cannot purchase agricultural and belonging to adivasi in mahrashtra
Section 36A prohibits the transfer of an occupancy of a tribal in favour of non tribal except with the previous sanction of the Collector (where the period of lease or mortgage does not exceed five years) or with the previous sanction of the Collector and the previous approval of the State Government (in other cases). The transfer of occupancy may be by way of a sale, gift, exchange, mortgage, lease "or otherwise". The legislature has designedly used broad language so as to incorporate all the five recognised modes by which property may be transferred under the Transfer of Property Act, 1882. Significantly the legislature has expanded the ambit of the modes in which property can be transferred by using the words "or otherwise". The plain object of the legislature was to reach out to all modes Chandka 10 NM-S-L-581-11 by which the occupancy of a tribal may be conveyed to a non tribal. The legislature was conscious of the fact that devious methods may be employed to divest tribals of their occupancy and the modes of transfer which are taken recourse to may not conform to the conventional modes for the transfer of property such as by sale, gift, exchange, mortgage or lease. Whatever be the mode of transfer, if the consequence is to effect a transfer of the occupancy of a tribal to a non tribal, the requirement of prior permission would be attracted. The Collector, even when he grants his sanction is empowered to do so subject to such conditions as may be prescribed. A transfer in violation of the provisions of Sub Section (1) of Section 36A would be invalid and of no legal consequence.
