• Can I buy a SC owned non agricultural land in Uttar Pradesh

Can i buy A SC owned non agricultural land in Uttar Pradesh. Land size 3000 sqft. Whether any construction is must after buying the land or land can be sold after 10 years as an investement..The registry was done to an OBC by the land owner who is SC. Now I am planning to buy , I am a Brahmin.

Can name on the khatauni be changed after buying???
Asked 8 years ago in Property Law
Religion: Hindu

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9 Answers

1if you are not a SC then you can buy a land owned by the SC.

Only with the prior approval of the Government authority,if any, you can buy that proeprty.

So in the present circumstances i would advise you not to buy this property.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Yes you may go ahead and purchase the same and you may refer to the following answer which is the reson behind my advise:

http://timesofindia.indiatimes.com/good-governance/uttar-pradesh/Dalits-in-UP-can-now-sell-land-to-non-Dalits/articleshow/50202341.cms

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1) "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.

2) "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 Tribe.

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

Hi, if the land is not alloted to them by the state government under some special scheme , you can buy it .. After the purchase of land get its mutation done at the Patwari office ..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

You can buy.

Did you mean the neighbors of the land are All Or majority are SC? .

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

1) There are number of lawyers on this website from Lucknow UP

2) You can contact any of them for doing due diligence for purchase of agricultural land

3) If you are taking bank loan then bank will also verify the title deeds of property before sanctioning loan

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

If this property as purchased by the person belonging to Scheduled caste community and if it was not an allotted land by the government under any welfare scheme, this can be purchased by other community buyer, there should be no legal infirmity in it.

This can be termed as any other ordinary land transaction, i.e., a buy/sell between two parties.

You can get the property registered on your name and also transfer the revenue records to yor name accordingly.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

The purchase should not pose any problem since this property was purchased by the person belonging to reserved community.

Moreover this property has already seen a transaction from SC community person to a BC community person, so you are actually buying the property from a BC community person and not from a SC community person.

You can get a legal opinion from a local advocate on all such further issues.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

You can contact Mr. Vibhanshu Srivastava for further legal assistance. He practices primly at Lucknow and is associated with Kaanoon.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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