• Can a person belonging to SC sell his Apartment without permission in Odisha

I belong to scheduled caste community.
I would like to sell my apartment in Bhubaneswar. Do I need to apply for permission ?
Asked 4 years ago in Property Law
Religion: Hindu

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9 Answers

Only for sale of land assigned of s.c. / s.t. as land less labor you need permission for sale of other property no permission is required from any authority.

Ravi Shinde
Advocate, Hyderabad
5126 Answers
42 Consultations

Kindly clarify whether apartment was allotted to you as scheduled caste person and whether there is any lock in period 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

You are at liberty to sell your flat 

 

you don’t need any permission for sale of flat 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

This is your absolute property you can sell it, gift it, you have full rights to do so. 

Ravi Shinde
Advocate, Hyderabad
5126 Answers
42 Consultations

The property has been purchased by you by a registered sale deed and it is not an assigned property allotted to you by government. 

Hence you can sell the property at your will and there is no such requirement to obtain permission from anyone to sell your own property. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

It is your self acquired property hence there's no restrictions on you to sell this property to anyone including a buyer who do not belong to SC category. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

If the same is acquired under some sc scheme or benefit you need to seek permission before sale. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear Client,

Yes, you need to require permission from the competent authority if you wish to sell the apartment.

Thank you.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

- 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 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. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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