Respected Sir My self pravin Dabhi and i am belong from Schedule Tribe(ST) in Gujarat State. We are going to sell our house/tenament in which is 20 yrs old. As i hear that there is different process to sell Flat/Home of Schedule Tribe (ST). We need to take permission from collector. Is it true?? If t is TRUE, please explain full process for the same If Buyer is from General Cast and Buyer is from Schedule Tribe (ST).
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Is this house allotted by under reserved scheme or self acquired ? or purchased under concession scheme in schde duel area ?
Well, prohibition to sell property by ST candidate to general applies on agriculture land and not on self acquired residential property.
Dear Sir/Madam,
You are required to submit an application before the DC stating details of the property and willingness to sale.
the Supreme Court has declared that land alloted to nomadic tribes or members of the Scheduled Castes and Scheduled Tribes cannot be transferred or sold without prior permission from the government.
“There is, in fact, a prohibition in grant of such permission until and unless there is satisfaction of the deputy commissioner,”
2) The court said the prior permission was required to ensure that alienation was for the purpose of acquiring some other land, or for improving the remaining land.
Appriach collector of your district in this regard
Only a person from schedule tribe can purchase the said house as per the law. Permission from competent authority is required as per sc st Act
Yes you need permission for selling the property
1. IF property is a NA Residential Property (Flat /Bungalow /Villa /Row-House.... ) which is sanctioned /approved by Town Planning Dept or Municipal, THEN there is no need to obtain any type of permission from ANY authority or dept.
2. IF property is a SC/ST Agricultural land allotted by Govt. for reserve class people, THEN the said land CANNOT be sold to ANYBODY, without converting the land into "General Category Land" by taking proper permission from district collector office.
You have to approach the office of Collector and fill the form for processing the sale of property.
You have to annexe copy of ownership/title/possession of property with the application and annexures along with affidavit to disclose your intentions to effect the sale of your property with NOC of your family members.
- As per Section 42 of the SC, ST Act, there is restrictions on sale, gift and bequest of the interest of Scheduled Caste and Scheduled Tribe, in the whole or part of their holding, due to the reasons that they are not being exploited by the members of non-Scheduled Caste and Scheduled Tribe.
- Further, a scheduled tribe land holder can only sell his land to schedule tribe person. if anyone buy a land from a scheduled tribe by hiding facts, then he can be behind the bar , and further government will return back the land to original land owner at anytime if he approaches authority.
- Further, the Supreme Court has declared that land allotted to the nomadic tribes or members of the Scheduled Castes and Scheduled Tribes cannot be transferred or sold without prior permission from the government.
- Further , the Stamp duty and registration fee are exempted on the sale deeds of immovable property , if it purchased by the scheduled castes and scheduled tribes.
- Hence, a permission is mandatory to sell the Flat/Home of Schedule Tribe (ST) to another community without the permission of the competent authority like deputy commissioner.
- Further for selling the property 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.
The restrictions on sale of property applies in case of landed property and not on sale of flat.
So you don't require such certificate from any corner at all.
You can sell the property if it is a self acquired property without obtaining the permission of the collector or any competent authority.
However if the property now you intend to sell was a property allotted to you by government under any welfare scheme then you may not be able to sell it to a person outside your community.
there is a rule that if any general category person want to purchase the property which belongs to ST he have to take permission from collector,without permission no general caste can buy property
We suggest you should consult a local lawyer
1..It is True that you need to take permission from DC for selling of land but only if you are selling the property to Non ST buyer.
2. You need to make application before DV of rajkot for permission to sell the property to general caste buyer.
This applies in case of agricultural land but i haven't heard of houses being bought or sold in this way.
Please elaborate as the location of the property.