• Planning to buy assigned land

Hi,

I am planning to buy 4 cents of land from a farmer(belonging to ST community) who owns 3 acres govt assigned land for ST community . It was assigned 3 decades ago and the land is in their family possession from last 3 decades. Can i go ahead and buy this land? What if the govt. decides to resume the land? There are already few people bought assigned land constructed houses in that area. Please help me in this regard.

Thanks
Srinivas
Asked 1 year ago in Property Law from Vijayawada, Andhra Pradesh
Religion: Hindu
1) A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 prohibits alienation of assigned lands. While Section 3 renders all categories of transfers of assigned land, as void ab initio,

2)  Section 5 prohibits the registration of any document, evidencing such transfers. Any sale or transfer, in contravention of the provisions of the Act, cannot change the character of land, and the objection can be raised at any point of time. Successive transactions, which are otherwise prohibited, do not bring about any change as to the legal implications.

3) dont purchase the land 
Ajay Sethi
Advocate, Mumbai
23346 Answers
1221 Consultations
5.0 on 5.0
1) the assigned lands could not be regularised without bringing amendments to the existing Act. 

2) Government has directed the Collectors to collect details about the assigned lands purchased from the beneficiaries, date of purchase, social and economic status of the purchaser and type of the land.

3) as per newspapers reports only Grama Kantham lands could be considered for regularisation  by AP govt 

4)govt can take over assigned lands and allot it to the poor and weaker sections 
Ajay Sethi
Advocate, Mumbai
23346 Answers
1221 Consultations
5.0 on 5.0
Hi, it is better you have to get a legal opinion from the advocate and proceed with the matter otherwise it is very difficult to give opinion without verifying the documents.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Hi
 Under the existing policy if regularisation happens the house shall be maintained 
Even if the regularisation is not allowed the construction will continue on temporary basis as provisions don't allow the authorities to demolish it 
The issue was considered and declarations have been issued from time to time. 
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. First check whether any clause has been incorporated in the assignment papers baring the assignee from selling the said assigned land within a fixed time or not,

2. Check whether  it can be sold to any non-ST person or not,

3, Check whether the restriction period id over or not,

4. If  the answers to the above qustions are possitive then yu can buy the said land.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
If there is no restriction in selling those assigned land to a non-scheduled gribet after 30 years of initial assigmnet, then it is highly unlikely that the Govt will reclaim theb said assigned land from he present title holders.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
The government assigned lands for the privileged community will be allotted on certain conditions restricting the alienation by way of selling or any other mode of transfer within certain prescribed period of time.  You may verify the conditions printed on the assignment letter and after satisfying the conditions therein you may decide about purchasing the same. If somebody is doing a mistake it is not necessary you also do the same mistake and then lament over it at a later stage when there arises an actual problem. 
T Kalaiselvan
Advocate, Vellore
14149 Answers
127 Consultations
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You should inspect the deed of conveyance to ascertain whether the farmer is allowed to sell the land or not. If the deed is violated the government can recover the possession of the property.

Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0

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