I am a scheduled tribe person.I am willing to purchase 1.08 acres from another Scheduled Tribe person near our village in mayurbhanj district ,Odisha.Seller of this land is ownerof a total of 4.8 acres in his name.What are the legal hurdles and government restrictions for me to purchase this agricultural land.Through what process can I purchase this piece of land.
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Where a transfer of immovable property, including agricultural property is by a member of a Scheduled Tribe in favour of another member of the same Tribe belonging to the Scheduled Area, the transaction remains perfectly valid.
Buy this land under a sale deed.
Under section 3 the orrisa schedule areas transfer of Immovable property, a schedule tribe person can transfer property to other schedule tribe person provided that after said transfer the land remaining will be reduced to less than 2 Acres in case of irrigated land or five acres in case of unirrigated land.
So if it is irrigation land than you can buy 1.08 acr e land from him under registered sale deed, the law and condition can be mentioned in sale.deed that you are buying 1.08 from 4 acres.
Also for the purpose of this act irrigated land means such land irrigated for atleast one crop a year.
Hello,
You being a person belonging to ST is purchasing the land from ST, therefore the transaction will be a valid transaction and you may go ahead and purchase the share of the land.
Get the title search done from an advocate to know that the seller has a clear and marketable title or not.
regards
since you belong to scheduled tribe you can purchase land belonging to another scheduled tribe
2)check whether title of seller is clear and marketable
3) enter into registered sale deed for purchase of land
4) check whether in your state there are any restriction on purchase of agricultural land by non agriculturists
Dear Sir,
You have not disclosed the nature of land. If it is granted land then you should not purchase before non-alienation period. If necessary permission of the Govt. to be taken.
If the landed property now in possession of the seller was government allotted land, then you must see the conditions for selling.
No doubt the seller can sell the property to another ST community person, but it can be sold after certain number of years only, hence you may viist the conditions thereon.
If it is a self acquired property then there is no restriction to buy the property from him.
As an ST, you may buy that land.
