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Raj (Lead)     26 July 2010

Buying Land from SC/ST after Bangalore Deputy Commissioner

Dear Sir,

We bought a flat in Bangalore through a Bangalore/Hyderabad based Builder/developer. The Total no of Flats in the project are 140 and project is around 80% completed. Recently we came to know that there is dispute on the property but builder is saying there wouldn’t be any problem to us. I’ll explain the dispute there.

This land is belonged to a SC/ST man who got this land from the government in 1968. In 1992 he sold this land to some guy Mr. YYY not belongs to SC/ST community. After some years AC court and Deputy Commission of Bangalore declared the sale deed void on the basis of Caste property law and assigned the land back to original owner (Sc/ST community). After this one Mr. XXX (non SC/ST) bought this land from original owner after taking approval from Bangalore Deputy Commission and went to MOU with builder to construct and sale the flats.  Mr. XXX also got the katha transfer done on his name.  Builder sold almost 135 out of 140 flat and around 30 flats got registered at Varthur Sub Registrar.

Now the Mr. YYY legal heir filed the case in the high court against the legal heir of original owner on the right of land, and its pending there for the decision.

My Questions are

1.       Is it legal to buy SC/ST land after the Deputy Commissioner approval?

2.       Do you think Mr. YYY has any right on the property?

3.       Will this cause any problem in Katha Transfer?



Learning

 1 Replies

niranjan (civil practice)     26 July 2010

Yes, no, no.


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