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Amritanshu Ranjan   03 November 2022

Sale and purchase of sc/st land in early 60's and today

My grandfather purchased a piece of land from a scheduled caste person in 1957. After survey in bihar in 1971 that land had been assigned a new plot no. and that plot had been alloted to the seller by mistake. Now I have filed a title suite. But my doubt is regarding the sale deed of 1957. Was there any special provision for purchase of a scheduled caste land  that time and what was that ?

Please help me out.

Thanks 



 1 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     23 July 2025

This is a really thoughtful and important question, especially given the historical and legal complexities around land ownership and transfer involving Scheduled Castes (SC) in India.

๐Ÿ›๏ธ Legal Context in 1957 (Bihar) In 1957, the Bihar Land Reforms Act, 1950 was already in effect. This Act aimed to abolish the zamindari system and vested land ownership with the state. However, it did not specifically prohibit the sale of land by SC individuals to non-SC buyers. That said, state-specific rules and customary practices often added layers of complexity. At that time: There was no uniform national restriction on SC land transfers. State governments had the authority to impose restrictions to protect SC/ST communities from exploitation. In Bihar, land granted by the government to SC individuals (especially under welfare schemes) was often non-transferable without prior approval from the Collector or competent authority. 

๐Ÿ“œ Key Considerations for Your Case If the land sold in 1957 was self-acquired by the SC seller, the sale deed may be considered valid. If the land was granted by the government (e.g., under welfare or rehabilitation schemes), it might have been subject to transfer restrictions, even in 1957. The absence of Collector’s permission (if required) could be a legal issue, but this depends on whether such permission was mandated at that time for that specific type of land. 

๐Ÿงพ What You Can Do Check whether the land was government-granted or self-acquired by the SC seller. Review the original sale deed and any government notifications or land records from that period. Consult with a local land law expert or advocate who can help interpret the Bihar land rules from the 1950s, especially in light of the Bihar Land Reforms Rules, 1951.


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