• Tribal land transfer to non tribal person.

I laxmi prasad dhruw belong to schedule tribe. I was purchase residential plot from non tribe person in bhilai chhatisgarh. this plot is T&C approved and Bhilai is not schedule area. now i sell my plot to non tribe person . but i can not sell, its require DM permission.
 how to get DM permission and what are the criteria
Asked 4 years ago in Property Law
Religion: Hindu

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8 Answers

1. IF the Plot is classified as "non-agricultural plot" THEN no permission is required from any authority to sell/purchase the land. Check the land revenue documents for this.

2. Other other criteria plots, apply in their prescribed formats with their relevant fees and relevant undertaking etc.... and you would get permission in 2-3 months.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. Yes, a  tribal can purchase land from non tribal person but he can not sell the property to a non tribal person.

2. So if you want to make the sale valid and legally valid then you will have to take prior permission form the Collector which has lot of formalities to be fulfilled and permission is very hard to come .

3. So you better look for tribal person to sell the land.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

The Collector (D.M & Collector) is the competent authority to approve such transfer of land after recommendation of Tribal Advisory Committee under the clause (b) of Sub-Section 1 of Section 187 of the said Act.

 

2) As per Rule 215 of the TLR & LR Rules, 1961, before giving any permission to the transfer of any land by a member of the Sch. Tribes under clause (b) of Sub-Section 1 of Section 187 of the said Act, the Collector shall make an enquiry of the following points

 


Inquire whether the member of the Sch. Tribe can afford to meet his wants within transferring the land.
Inquire whether after the transfer, the transferor will be left with Agricultural land not less then the size of a family holding.
Obtain the recommendation of the District Tribal Advisory Committee in all cases after apprising the Committee of the result of the enquiry.

 

3) If any non-tribal member possess or occupies a tribal land without lawful authority, he shall be liable for punishment with imprisonment upto two years of a line of three thousand rupees or both.

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

No such permission required to sell residential plot. Such kind of restrictions are for those lands which are allotted to ST members as a grant by Govt.

This is your self acquired property purchased from general and also it is not agriculture land, so permission require.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

- The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, criminalizes the wrongful dispossession or interference with the lands of Scheduled Castes and Scheduled Tribes.

- As per law, a scheduled tribe land holder can only sell his land to schedule tribe person. if any person buy a land from a scheduled tribe by hiding facts, he can go behind the bar , and government will return back the land to original land owner at anytime if he approaches authority.

-  Further for selling the plot to non tribe person , permission is required from the office of the DM /Collector , and the said office will grant approval after getting the recommendation from the Tribal Advisory Committee under the clause (b) of Sub-Section 1 of Section 187 of the said Act.

- Further , before granting permission by the advisory committee of the Sch. Tribes , the Collector shall make an inquiry as well. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

1. You should Just make a simple application to DM for allowing you to sell your land to Non Tribal person. 

2. Attach previous documents of property in which it is mentioned that land was initially belonged to Non tribal community.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

You can visit the DM's office, enquire about the formalities to be complied with for this purpose including the format for making a formal application.

You can take the assistance of any local advocate to guide you properly in all such further issues.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

Property standing in name of SC / ST cannot be purchased by other without obtaining prior permission from district collector.

buyer should obtain prior permission before buying the same.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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