• Buying plot from SC ST caste in Uttarakhand

I am a gernal category person and interested to buy a plot in haldwani from a gernal category .

During document check i come to know that 10years ago that plot belong to SC ST category.

SC ST seller self declaratied in stamp paper about permission for sell to gernal category from upper collectorate Nainital . But no certification from upper collectorate is available.

Now khasra name or title is updated to gernal category person who is present seller.
Is this land is safe to buy???
Asked 4 years ago in Property Law
Religion: Hindu

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13 Answers

Dear client

Yes. No problem to buy that plot. But check the link documents once again I.e.,E.C,boundaries,etc.,

Why ur afraiding to buy from SC St?

Laws are all equal to every one.

Main thing is check out the documents by engaging a lawyer.

Hemadri Chandrakanth
Advocate, Vijayawada
98 Answers
10 Consultations

4.0 on 5.0

Don’t purchase the land

2) title is not clear and marketable

3) prior permission from collector was necessary for sale of agricultural land by SCST

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Well, without such permission in writing from the local authority the transfer of tribal land is barred and hence ineffective if done forcefully.

Mere affidavit by the SC/ST landowner is not enough as the District Collector in certain circumstances n the basis of such NOC will have to issue certificate.

Since it was not done it is advisable not to proceed with the purchase of this property.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

No not at all the land is not safe to buy. As to buy permission from.collector is mandatory and without such permission even on self declaration the sale is invalid.

The title of land is itlsef not mutated might be due to reason being that is was transferred without consent.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Sir is that land from kumaun or Gharwal region??

Because if in this region than there is special act Kuza act where permission is not required as held by Hc.

Otherwise

In Uttarakhand U.P.Z.A.L.R. Act is applicable. In UPZALR Act Sec 157 B requires prior permission of Collector to sell any land belong to the member of SC ST Community so even sell deed is not valid.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Even if he is having sales deed in his favour his title is not clear and marketable

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Now this is safe to purchase this property because the previous owner of the property has never been raised any question about Sale about 10 years have passed and a legal presumption about the genuineness of the sale deed has created in the favour of general candidate procedure. In this scenario the current owner has right to sell this property to anyone irrespective of the fact that the previous owner was the member of schedule caste community. Nutrition of property in the name of current owner itself proves that all the formalities regarding the nature of property has complied.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Dear Client,

Restrictions of purchasing SC/ST land are normally applies on agriculture land or in schedule area / govt aided lands.

If it is scheduled land, u should verify from upper collectorate.

Registered sale deed in favor of general category is valid and due transfer of ownership, still for precaution u should verify if such noc granted.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If this property was not allotted to the reserved community person under any state government welfare schemes, even it is thus allotted but is not coming under the purview of restrictive clauses, especially at the time of sale of the property 10 years ago, also supported by the statement of the seller, and the sale has not been objected so far by ay authority, in my opinion, it may be a safe purchase at this stage.

You may, as an abundant caution, obtain an indemnity from the vendor to solve any litigation in this regard at his expense, should one arise.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Thanks all of you i want to add one more thing is

Present gernal category seller is having sales deed document.

If there is a registered sale deed on his name, then the sale of property by executing a registered sale deed to your name shall be a safe venture.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Yes, there is no incumberrance in the said property.

You can very well go ahead and by the property.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. WITHOUT collector order /permission, SC /ST held Lands CANNOT be "ever" SOLD /PURCHASED. This will be a criminal offence.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

The land is not safe to buy as anytime litigation can errupt.

Prashant Nayak
Advocate, Mumbai
27261 Answers
88 Consultations

4.4 on 5.0

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