Wisdom (Manager) 28 November 2011

Tribal land - query

Dear Experts/Seniors,

A friend of mine belongs to Economicaly weaker section( but not a tribal) has purchased a piece of tribal land (tribal holder has sold willingly) which is having sections 36A & 36B stamped with Government rights on it with the tribal holders name on the 7/12 extract.

Does the land act mentions that such a land can be restored back to the tribal under certain conditions? If there is a house on that piece of land and the house tax ( Ghar patti) and Electricity bills are paid in the non tribal's name as per gram panchayat records, can he still be dislodged from that land ? What will be the practical application of the law under such situation?

Please throw some light on this urgently. Await your feedback.

Thanks

Wisdom

Reply Follow

6 Replies

Wisdom (Manager) 29 November 2011

Can some Noble minded experts/Seniors pleeeeease!! help with the above query as information is required urgently.

Thanks

subodhkumar (proprietor) 13 December 2011

you put this question before patwari under rti act 2005 and get answere from this authority within 30 days.

Wisdom (Manager) 15 December 2011

Dear Subodhkumar,

I am not clear about your answer, can u explain who is a patwari?? what procedure has to be followed?

The land is located in Maharashtra.

Regards

Wisdom

subodhkumar (proprietor) 15 December 2011

patwari is who look after the land related matter in the office of thasildar in your locality where the land you have purchased ask him for fresh 7/12 ,showing your sale deed and copy of 7/12 of the person who have sold you intially and ask patwari to change the name in 7/12 in your name as you have purchased it by due process.

Ibrahim Deshmukh (Legal Consultancy) 02 March 2012

As per Maharashtra Land Revenue Code 1966, section 36 A, the land of a Tribal can not be transferred in favour of any non-Tribal without permission of State Government and/or Collector as the case may be. Belonging to a weaker section or Below Povery Line does not qualify your friend as “Tribal” hence any subsequent actions, whatsoever, will automatically be on bad footings.

Ibrahim Deshmukh, Kuwait
Legal Consultant
ibdesh@gmail.com