See for sale deed registration now either the seller has to take appropriate permission and then sale the land vide registered sale deed.
If he is not coming for sale then you have to file before the court for dearation of ownership.
Sale deed procedure with SC/St in uttrakhand
We have purchases the land which belongs to a sc/st category.Then after we build a house into that land. But at the time of the purchase we did not do a sale deed. Now if we are going to do a sale deed but all says this is not possible now. So what is the procedure of the land sale deed with the sc/st category in 2019.We purchased this land 20 years ago. If the sale deed not happen so what we do now.
Asked 6 years ago in Property Law
Religion: Hindu
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7 Answers
you need permission from collector to purchase land belonging to SC/ ST
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.
with special permission from DM you can purchase said land. Its depends on your term with DM then only you can get permission.
You need to have both the parties for sale deed. Now it's not possible after 20 years If the parties are not available now it's not possible unilaterally
The purchase of SC land is restricted by SC/ST act.
So you and seller both will need permission from district collector before registration of sale deed.
If seller is not showing interest for registering the sale deed approach court and file declaratory suit on ground of adverse possession.
The purchase of SC land is restricted by SC/ST act.
So you and seller both will need permission from district collector before registration of sale deed.
If seller is not showing interest for registering the sale deed approach court and file declaratory suit on ground of adverse possession.
If this land was allotted to the SC community people on any welfare measure at free of cost then the condition shall be that they cannot sell the property to anyone within a stipulated period of time and after that also they may be restricted to sell this property to any person outside their community.
You may ascertain this fact and then you may ask the seller to execute the registered sale deed in your favor if that is not the situation as mentioned above.
If this is not possible then you may have to seek refund of the sale consideration amount given to the seller or to live in this property till such time there is no problem created by the legal heirs of the seller.
Just keep enjoying land possession and let the time passes. IS this a residential land or agriculture, if residential than no problem, by payign penalty on stamp study evaded, sale deed will register. But penalty will very high.
