Respected Sir My self parimal and i am belong from Schedule Tribe(ST) in Gujarat State. We are going to sell our Flat/Home in Apartment which is 20 yrs old. As i hear that there is different process to sell Flat/Home of Schedule Tribe (ST). We need to take permission from collector. Can you give me full process for the same If Buyer is from General Cast and Buyer is from Schedule Tribe (ST).
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1.There is embargo on the sale of Sc/st land but the same does not apply to flats.
2. So if you get a buyer and money is settled then receive at least 25% of the total amount and make a sla agreement.
3.In the sale agreement do mention the time limit within which the buyer will have to complete the sale on payment of balance money.
4.Before the signing of the sale deed receive the balance money.
To check the sale agreement and sale deed take help of an advocate.
the land belonging to scheduled castes or tribes cannot be bought by non-dalits, including companies as such transactions are unconstitutional.
2) Section 42 (SC, ST Act) provides some general restrictions on sale, gift and bequest of the interest of Scheduled Caste and Scheduled Tribe, in the whole or part of their holding. "The reason for such general restrictions is not only to safeguard the interest of the members of Scheduled Caste and Scheduled Tribe, but also to see that they are not being exploited by the members of non-Scheduled Caste and Scheduled Tribes
3) Previous Permission of the District Collector/ Magistrate is required for Sale of land belonging to a Schedule Caste/Schedule Tribe to a General caste person
4) for sale of flat bought by you there would be no such restriction
If this property was purchased by you then you can sell it to anyone even a person belonging to other community without taking permission from collector or anyone.
But if this property was allotted free of cost by the government the yo may have to abide by the conditions imposed in it.
You can find the instruction for disposal in the patta itself.
The sale deed of the land executed by a tribal person can be registered only after the production of proof of prior approval of the District collector. The provision of Section 73 D of the Registrations act 1908 refers.
a prior approval of the collector.
