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Ashish   17 October 2024

Adiwasi land sell

Hello Everyone this is Ashish I am adiwasi and have land in my village. This land my father purchased from bhraman Panditji by bakshish patra 20 yrs back. My father gave this land to me by will Deed. Now I own this land with 7/12 on my name. Since my father purchased this land from bhraman there is no 36 and 36A marked on my father nor my 7/12 also bhagidari wattap is 1.

Now do I need collector permission to sell my land. 

 

Please answer 



 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     18 October 2024

As an Adiwasi landholder, you have certain protections under the Indian Constitution and special laws.

Since your father purchased the land from a Brahmin (Bhraman Panditji) 20 years ago and you have a Will Deed transferring the land to your name with 7/12 ownership, you are considered the rightful owner.

However, as an Adiwasi, you are governed by the Maharashtra Land Revenue Code, 1966, and the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA). These laws aim to protect Adiwasi lands from alienation.

 To sell your land, you will require: 1. Collector's permission: Yes, you need permission from the Collector (District Magistrate) under Section 36 of the Maharashtra Land Revenue Code, 1966. 2.

Gram Sabha resolution: You also need a resolution from the Gram Sabha (Village Council) under PESA, recommending the sale.

3. NOC from the Tahsildar: Obtain a No-Objection Certificate (NOC) from the Tahsildar (Sub-Divisional

as an Adiwasi landholder, you have certain rights and protections. Ensure you follow the proper procedures to avoid any disputes or legal issue

T. Kalaiselvan, Advocate (Advocate)     19 October 2024

You would require permission from District collector to sell the land under your possession being a ST member.


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