• Info about property

Sir, My father purchased a land 25 yrs ago. We belongs to general category and my father purchased that land from general category person. At that time my father didn't know that the guy has purchased that land from the ST person and then sold it to us. Now we got a notice from SDM office (Someone has reported the same in SDM office) that how this land can be purchased if it belongs to ST category? we have a full possession of this land since last 25 yrs.

Sir, please suggest what can be done to resolve this issue?
Asked 6 years ago in Property Law
Religion: Hindu

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16 Answers

Prior permission from collector was necessary for purchase of land of ST category 

 

2) your defence should be that land was purchased from General category person 25 years back by registered sale deed and you ha e been in possession for over 25 years 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

  • As it is not legal to purchase the ST property by genral category the mere title is defective. 
  • Now you can just possesses it or sell it to some other STUFF person for securing your rights

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Actually before buying its our duty to check the nature of land.  You can book the earlier seller for cheating if he is known to you.  You need to only defend on the point that you were not having knowledge of said fact and you were cheated

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

you ought to have done due diligence 

 

2) taken 30 years title search 

 

3)  had you done so you would have come to know whether it is ST land or not 

 

4) there must be indemnity clause in your sale deed . you can sue the seller in case order is passed against you 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

See since the property was wrongly purchased at this juncture you can contest on possession and bone fide you were while purchasing the land.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You should have checked the land record before purchase but we van establish bone fide before the court.


You should have checked the land record before purchase but we van establish bone fide before the court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1.  IRRESPECTIVE of any criteria, "NOBODY" can Sell /Purchase Land that was originally allotted to a SC /ST.  This is applicable to all subsequent buyers.

2. Option now remains is to file conversion of SC /ST land into "general (free-hold) category" land, before the district collector, by following due procedure of law, based on all the earlier documentations starting from the ST person, whose consent signature would be required.

3.  IF the collector office does not allow your application, THEN you have no option but to surrender the land to the collector, by following due procedure of law.

4. The point no. 3, can be delayed for years, provided proper application for stay order is made before the High Court.  However, at the end of it, you would not be getting any positive relief, except for stretching the time.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

There is legal maxim - Buyer Beware. Buyer must to do pre check before purchase. Well, in this case ST owner right has over. Now SDM will seek clarification from you. Ask him to provide documents which declares land belongs to ST. And even if sale is illegal , You have acquired title by adverse possession and person from whom you have purchased land kept land for more the 5 years than good title against govt. also.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

there is prohibition in purchasing land from sc/st to general category. land purchased from general category not from ST then contest the case on merits. already you are in possession. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You may have to see the conditions under which this land was allotted to the person belonging to ST community.

If there was no violation of any law by the seller who originally purchased this land from ST person, then you can fight it out on that basis.

If you have received any notice then it becomes your duty to issue a reply notice.

You may consult a lawyer and give a reply notice accordingly

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

First of all ascertain the conditions that governs the allotment of land at free of cost to the person belonging to ST community.

You cannot claim excuse abut innocence of law. You should have obtained legal opinion before purchasing the property.

Well even now you can discuss with your lawyer and issue a reply notice as required by law

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

A case of fraud and cheating should be filed against the person who sold you the land. Also a khatauni should be obtained from the tehsil for looking at the persons who held the land before you.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

  1. As per the information mentioned in the present query, makes it clear that there is nothing in the case against you.
  2. Firstly, there has been a limitation period of 20 years to challenge the possession of any land which has been over in this case.
  3. Secondly, at the time of buying any property the buyer is only under the obligation of just to make a formal inquiry, but not like an agent or as a lawyer which you also did.
  4. You please reply to the notice in a well drafted legal language so that in future proceedings the other party cannot take the benefit of any lose word of your reply.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Dear 

You can take defence that you didn't have knowledge that the land belong to ST category and you have purchased the land from a person of general category. And enjoying possession from last 25 years. 

You can sell the land to some ST person on a lower amount to buy some other land if order comes against you. 

Or you can sue the seller for damages you will cause due to non disclosure of facts by him as per indemnity clause of agreement.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You may approach the office of the SDM and may intimate him about the situation 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Legally the purchaser has to see the history of the land and this principle is knows in principle of caveat emptor. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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