You need to first understand the scheme of the said land allotted to that schedule caste member. Only if the said scheme allows sale of the said land then it is advisable to sell the same.
Buying land from scheduled tribe
Sir we intend to purchase from scheduled tribe member at d market price and the members of scheduled tribe family have agreed to get a permission from commissioner for the sale of land. The land was granted to them by government about 30 years ago. It's said that non alienation period is for 15 years only n they r claiming that they can sell the land now. Is it advisable to purchase d said land after getting certificate from commissioner? or it's better to avoid such purchase ?... thank u
Asked 4 years ago in Property Law
Religion: Hindu
13 Answers
the Supreme Court decidet that the land belonging to scheduled castes or tribes cannot be bought by non-dalits/ non-tribes, including companies as such transactions are unconstitutional.
i. you are belong to tribe or not, this is first criteria.
how to know in which scheme it has been alloted to them and which schemes allow them to sell the land?..we intend to purchase in state of karnataka..
Asked 4 years ago
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.
Ask for original allotment letter
2) ask seller to obtain permission from commissioner then only purchase land
3) you can purchase the land after receipt of permission
Allotment letter would mention all the details
Dear Sir,
If permission is taken from the Commissioner you can purchase. The grant certificate contains all the details about the scheme and conditions. You have to cross check the grant certificate with the originals available in the concerned office because I come across many such fake grant certificates, fake mutations and fake RTCs. Better raise loan to purchase the land . You must be very cautious.
1. You can go ahead with purchase of seller is ready to obtain permissions from DC.
2. You can make RTI application to know more about the scheme under which the land was alloted to seller and after how much time land can be sold to other person.
Once the seller gets the certificate from the district collector as is required to be complied as per law,, you may proceed with the proposal to buy the proeprty, however it is advised that you may obtain a proper legal opinion before buying the property.
The allotment letter in their hand will clearly inform you about all your doubts in this regard.
You may peruse the allotment letter and other relevant documents to have more knowledge about the conditions attached to the allotment of land to the scheduled tribe persons.
The first allotment letter or deed will have the mention of the scheme. Otherwise you can find it from sub registrar by the name of the person.
Visit the following link:
https://www.lawyersclubindia.com/forum/Re-Can-Pvt-Ltd-Company-in-Maharashtra-buy-Agricultural-land-15364.asp
1. Agricultural land alloted to any "reserved category persons (SC, ST, .... ) CANNOT be Sold /Transferred, without the express written permission of the District Collector, who orders it to convert it into "Free Hold, Old Tenure land" after payment of relevant Penalty and Revenue Fees.
2. IF present Land Holder gets above order, THEN it safe to buy such land. OTHERWISE, no point in risky /false investments.
3. Check the Revenue Dept., for Form no. 6 (Pher Phar document) which will show the status of the relevant land.
Property standing in name of SC / ST cannot be purchased by you without obtaining prior permission from district collector.obtain prior permission before buying the same..
check allotment certificate.