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Krishnan Venkatachalam (Legal professional)     30 June 2008

Sale of SC / ST assignment land

Dear sir,

Under the Tamil Nadu Lands reforms Act, the land assigned  to an assignee being a member of the SC/ ST community can not alienate the land till the expiry of the assignment period or till the full payment of the prce fixed by the Government which ever is later. Even after the expiry of the assignment period or on full payment of the price to the Government, which ever is later, the assignee is not entitled to sell the assigned land to any person other than the member of the SC / ST community. 

Now the question is that if the first purchaser from the assignee is a SC / ST community member, can the first purchaser is entitled to resell the land to any other community persons subsequently ?

Kindly advise me with any case laws supporting your views.

 

V. Krishnan

Advocate, Tamilnadu



 3 Replies

podicheti.srinivas (advocate/legal consultant)     30 June 2008

The govt while granting any assigned lands to the poor makes a condition restraining the alienation in any type. when there is a conditioin it has to be followed scrupulously by the citizens of the country. there will not be any rights of ownership accrued to the purchaser as he voilates the condition and willfully puchases the assigned land by way of ommission.


This is only to safeguard the poor and weaker sections of the society who dont have resources to defend the rich and mighty class and they dont even have financial resources to come before the court to defend themselves taking advantage of their backwardness and illiteracy gullible people may benefit out of the same  renderinfg them landless once again.only to overcome such sort of a situation our lawmakers had safeguarded their interest. 

GOPI KRISHNA (ADVOCATE)     30 June 2008

it is better to approach the govt for permission to purchase the assigned land which belongs to sc/st, if the govt permits there ends the matters

UJAS DHARAMSHI (Corporate Lawyer)     30 June 2008

Well here is a solution to your question sir without contravention to any land law.


If the first purchaser is a SC/ST member, then he has already fulfilled the condition and then he can sell the land to any other person sunsequently in my opinion as the land law does not mention about the subsequent sales that it has to sold to other community member on second or third sale unless it is mentioned as non resale land. So if the first purchaser is a SC/ST member, he fulfills the sale conditions and then can sale to other member. But if the law contravenes it then it cant be done. 


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