• Dispute of land purchased from harijan in 1996

Sir, we have purchased a land in up from harijan in 1996. And no govt authorities permission was taken.
But now a neighbour is harrsing us regading the he files cases on behalf of them. That this land was purchased illegaly. It was a agriculture land but we have got 143 B from sdm. A report from kanoon go has been filed to cancel the deed. Kindly help me.
Asked 6 years ago in Property Law
Religion: Muslim

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7 Answers

You need to counter the same in form of counter action and contest the same in respective courts if any case is filed against you

Prashant Nayak
Advocate, Mumbai
34749 Answers
252 Consultations

prior permission from collector was necessary to purchase agricultural land belonging to scheduled caste / tribe 

 

2) your transfer can be declared null and void and possession restored to harijan 

Ajay Sethi
Advocate, Mumbai
100089 Answers
8174 Consultations

He has no locus standi to file suit or challenge your title. His case liable to be dismiss with cost. Frivolous litigation.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

The land was purchased from a sc person without involving govt. Authorities as was mandated in the zamindari abolition and land reforms act. This bar has now been removed.

Therefore it can be cancelled. Kindly tell us what is the stand of the seller.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes there is a restriction on transfer of the land from Harijan to any upper caste person if you have not taken the permission from the sub-divisional magistrate in this regard your registration is subject to cancellation even if there is a problem from the government department that they ignored the situation that the land belongs to Harijan and allowed the registration eventually you will be the only sufferer in this case

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

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.

a scheduled tribe land holder can only sell his

land to schedule tribe person. if you buy a land

from a scheduled tribe by hiding facts, you can

end up in jail time, and government will return

back the land to original land owner at anytime if

he approaches authority.

 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

If it was not an allotted land to the said person who sold this property then there may not be any problem in this regard.

If a neighbor is creating problems on this, let him do it, you can face the authorities as per law or you can file a declaratory suit before a civil court to declare the title if you have purchased the land by a registered sale deed.

T Kalaiselvan
Advocate, Vellore
90292 Answers
2513 Consultations

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