Harsha Vardhana R (Project Manager) 14 April 2015

Purchase property from sc/st persons in tn

Dear Experts,

This is about Residential Property in Tamll Nadu. A non SC/ST developer has converted an original agricultural land and sold to many purchasers. Can such a residential plot be purchased, even if the original land belonged to a SC/ST person?

https://ecview.tnreginet.net/ECView.asp shows the original land as Agricultural Land and later the plots as HOUSE SITE. I believe that the developer has obtained the clearance for conversion of agricultural land. The link shows many purchasers in the dates afterwards. The original-seller's category is not mentioned anywhere.

Initially some purchasers were able to obtain the official Pattas too, even if they don't belong to SC/ST! Later other purchasers (after registration with a SRO), tried to get a Khata/Patta but the village accountant has refused it on the ground that land comes under SC/ST category.

What does it indicate? For me the possibilities are

1) The developer has got the official clearance, but the village accountant is not formally intimated about that. His records may not even have conversion details.

2) The conversion process is fraudulent and SRO hasn't verified that.

3) The village account is just trying to extract some bribe, even after knowing that a legal conversion has taken place and all purchasers have the eligibility to obtain Pattas.

The purchasers have scrutinized the sale deed between the agricultural land-owner and the developer. Even that document doesn't mention the caste of either.

Also let me know if there is a online way to check if any agricultural ( or residential ) property belongs to SC/ST persons.

Please clarify.

Regards,

Harsha Vardhana R

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2 Replies

T. Kalaiselvan, Advocate (Advocate) 23 April 2015

A non SC/ST developer has converted an original agricultural land and sold to many purchasers. Can such a residential plot be purchased, even if the original land belonged to a SC/ST person?

If the landed property was purchased by the said SC/ST person and not allotted by government as concession, there is no such binding that it cannot be purchased. Some people may say it cannot but it is out of lack of proper interpretation of the law in this regard.

1) The developer has got the official clearance, but the village accountant is not formally intimated about that. His records may not even have conversion details.

The possibilities are that the Village revenue records may not have been updated

2) The conversion process is fraudulent and SRO hasn't verified that.

No opinion can be given without seeing the papers

3) The village account is just trying to extract some bribe, even after knowing that a legal conversion has taken place and all purchasers have the eligibility to obtain Pattas.

It may be a guess, so without verifying the facts donot throw allegations.

The purchasers have scrutinized the sale deed between the agricultural land-owner and the developer. Even that document doesn't mention the caste of either.

The sale deed between the land owner and developer(?) I dont think the developer would have purchased the land from the owner by a sale deed, in my idea, the developer may be a GPA only, did you see the sale deed paper?, have anyone got a legal opinion about the property by scrutinising the property documents?, if not do it immediately through a local lawyer and be safe about it.

Harsha Vardhana R (Project Manager) 24 April 2015

Dear Sri. Kalaiselavn,

Thank you very much for your point by point clarification.

Regarding the sale deed between the previous land owner and developer, it is a proper sale. The developer has provided a photocopy of that sale deed. One can verify it online through https://www.tnreginet.net/ (online EC view and it says the price and date of sale also). For the same survey number which was marked as "AGRICULTURAL LAND" in that entry, has been marked as different HOUSE SITE plots in subsequent entries.

I was able to place an online request for official EC issue for my plot and the have received it too. It clearly mentions my name, sale value, plot number and classification as HOUSE SITE also.

Regards,

Harsha Vardhana R