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