Rdo permission


Sir, I belongs to SC community. I wants to purchase the SC settlement land. Shall I get permission from RDO is necessary to purchase the land Eventhough I belongs to SC Community.
 
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FIN

'Buyer Beware' applies to property deals.

It shall be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , before signing or making payment.

This may cost some FEE but can defend long term interest and hard earned monies.

 

 
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FIN

The conditions attached with assigned land should be obtained.

The restrictions if any in such case should be carefully gone thru.

The necessary permissions from competent authority say; DC should be obtained.

  

Check with concerned office and dept e.g;

 

http://www.landreforms.tn.gov.in/LandReforms.html

 
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FIN

 

GO thru;

Madras High Court

V.D.S.R.Re.Rolling Mill vs The Special Commissioner And ... on 10 July, 2012

 

10.   Per contra, taking this Court through the contents of the grant, Mr.K.V.Dhanapalan, learned Additional Government Pleader submitted that lands assigned to the members of the Scheduled Caste community, cannot be sold or gifted or mortgaged or leased out to any other person, other than a member, belonging to the Scheduled Caste community and if done, then the competent authority is empowered to cancel the assignment and resume such lands, assigned to the landless persons, belonging to the abovesaid community. 

 

11.   Learned Additional Government Pleader submitted that no alienation is permissible within 10 years from the date of assignment, to a member of the Scheduled Caste community, without prior permission from the competent authority and instructions have been issued by the Government that if any, alienation is made, after 10 years from the date of assignment to any member, belonging the Scheduled Caste community, subject to the permission granted by the competent authority, and if any consequential request for mutation in the revenue records, viz., change of patta, is made, then the Tahsildar/Revenue Divisional Officer, should inspect the subject lands and pass appropriate orders. 

 

125. Even as per the petitioner's averments made in the supporting additional affidavit, the land was originally classified as "Tharisu" and therefore, after cancellation of the assignment, it has been reverted to its original position as "Tharisu" and thus become Government lands. It should be noted that lands described as "Tharisu' or Government lands or lands, exclusively reserved for assignment to Scheduled Castes, are assigned to the members of the depressed class. It cannot be contended that the lands reserved for Scheduled Caste alone can be assigned and not other kinds of lands. Once it is assigned to a member of the Scheduled Caste, it becomes reserved and in the light of the conditions of grant and the legal pronouncements of the Supreme Court, it is meant to be permanently possessed and enjoyed by a member of such community only, and alienation to others is not permissible.

 

https://indiankanoon.org/doc/35477398/

 
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FIN

For finer nuances in such maters go thru;

Madras High Court

T.Mariammal vs The Government Of Tamil Nadu on 28 August, 2012

      

 

https://indiankanoon.org/doc/65440275/

Madras High Court

R. Ramanathan And Ors. vs The State Of Tamil Nadu, .

 

29…A perusal of the impugned G.O. dated 4.3.1987 also demonstrates that there has been no application of mind at all and it has been passed arbitrarily.

https://indiankanoon.org/doc/1616459/

 

PETITIONER: MANCHEGOWDA ETC. Vs. RESPONDENT: STATE OF KARNATAKA ETC.

Though we have come to the conclusion that the Act is valid, yet, in our opinion, we have to make certain aspects clear. Granted lands which had been transferred after the expiry of the period of prohibition do not come within the purview of the Act, and cannot be proceeded against under the provisions of this Act.

https://indiankanoon.org/doc/1545120/

Preferably obtain proper legal opinion from your own very able senior LOCAL counsel of unshakable repute and integrity specializing in revenue matters and having successful track record ….. and worth his/her salt …for help and guidance.

 
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