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Kesav (XXXX)     28 October 2011

Dc land purchased & owns by non sc past 27 years

Respected Sir/Madam,

                           Please clarify the below & Kindly provide the details.

 My father purchased a DC land (From SC land owner) in 1984.We (Non SC) are still owning it past 27 years.

We have proper registration documents for this property (No Patta).Its 72 cent land. We don’t have any other property except this. It’s my father’s life time earnings.

A month ago, one of the SC candidate who owns the land near by our property filed a complaint on our property as follows.

 

"This property pawning by our forefathers. Due to inability of resettlement, they left their property in terms of pawning policy /as per agreement. Now some of the people owning it /sold to third party. Please get it & revert them back to us.

 Kindly give us the following details: 

=> Do we suffer /loose our property because of this complaint?

=> How come this complaint affect us?

=> What are all the precautions, we have to take against this complaint & save our property?



Learning

 7 Replies

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     28 October 2011

Dear Kesav,

Please specify the area, which the land is located.

As per the revenue records originally the land belongs to Government and given for cultivation to SCs or not

If it is given by Government , then the Sale Deed through which your father acquired will have not weight.

If it is not given by Government, then you will have right.

Kesav (XXXX)     28 October 2011

 

Tons of thanks for your needful response & considering my issue Sir.

It’s in Seekarajapuram,Vellore District(Tamilnadu),Walaja Taluk.Actually,My father bought this land from SC candidate which is not offered by government. There is around 7 acres which is owned by 10 more people.

In that 7 acres, we bought 72 cents & owning it past 27 years. We won the case already & the court mentioned as  "This purchase between seller & the buyer has been valid & the person has rights to sale this property for his personals needs”. We have the copy of the court appeal.

I worried about the DC land & case filed by SC candidate as follows:

"This property pawning by our forefathers. Due to inability of resettlement, they left their property in terms of pawning policy /as per agreement. Now some of the people owning it /sold to third party. Please get it & revert them back to us

Please clarify the follows:

=> Do we suffer /loose our property because of this complaint?

=> How come this complaint affect us?

=> What are all the precautions, we have to take against this complaint & save our property?

=> What are the things we have to get & avoid such an issues in future?

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     29 October 2011

Dear Kesav,

As per the Court Orders, immediately make survey of land owned by your father with a official surveyor of your area and simultaneously apply for Pass Books. If mutation of name is still pending then take immediate steps for getting mutation of your fathers' name or his legal heirs name in the revenue records.

 

After the completion of that you will not have any hurdles to win the case even if they make false claim.

1 Like

Kesav (XXXX)     29 October 2011

Thanks a lot for your needful help....

Dhandapani (PM)     27 September 2017

Dear Sir, 

Similar to above case, I have unknowingly purchased DC Agriculture land in Jul'17 from NON-SC owner who was holding this for 30 years. Land located in near Kalavai, Arcot. when i do legal checking , Registrator & VAO also confirmed that it is NON-DC land, however i applied for Patta transfer, it got rejected as it is DC land. 

I am not sure how to proceed with this, is there any scope for legal action against my seller as it sold DC land.

Kindly help me

Regards

Kumar

 

 

ADV. J.SRINIVASAN, M.B.A.,M.L. (ADVOCATE- MADRAS HIGH COURT)     11 September 2018

Dear Dhandapani,

The Government can take possession without payment of any compensation if Panchami lands are alienated to anyone who is not a member of the depressed classesIn the case of Prem Nagar Minvariya Kudi Erupor Nala Sangam and V.G.P. Housing Private Limited Vs The State of Tamil Nadu and others, a single judge held that the lands were allotted to members of the Scheduled Caste Community, subject to the conditions as per Standing Order No.15 of the Board of Revenue.

The conditions are that the lands cannot be alienated to any person for 10 years from the date of assignment and thereafter, they can only be alienated to a person belonging to the depressed classes and if they are so alienated to persons other than the depressed classes, the Government has the power to repossess the land.

Better to sell this land to any depressed classes(SC) person to avoid governemnt repossession in case of compliant and escalation.

SARO Enterprises   28 August 2023

My client is converted to Christianity from Opressed class (Adidravida) His community certificate shows as BC. Can he buy DC land?


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