• Land transfer from Schedule tribe to Scheduled tribe

1) Can any land belonging to Scheduled Tribe to scheduled tribe without any permission ,related law please.

2) If any land is transfered from ST to ST in 1971 and changed hands three times can be challenged by ST to last holder without claiming initial transfer as invalid.
Asked 3 years ago in Property Law
Religion: Hindu

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5 Answers

What were terms and conditions of allotment?

 

2)one of the primary statutory conditions required to be met in order for lands belonging to SC/STs to be transferred was to obtain prior permission from the state government

 

3)the Supreme Court has declared that land alloted to nomadic tribes or members of the Scheduled Castes and Scheduled Tribes in Karnataka cannot be transferred or sold without prior permission from the government.

 

4) 

There is, in fact, a prohibition in grant of such permission until and unless there is satisfaction of the deputy commissioner,” a bench of Justices Sanjay Kishan Kaul and Indira Banerjee said.

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. It was also to ensure that the grantee credited to government an amount equal to 50% of the market value of such land as on the date of sanction of such alienation.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Yes it can be transfered but in sime scheme of lands district collector permission is required

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Any land transfer from ST is prohibited under CNT Act. Such transfer is invalid from the  beginning, that is the  first transfer. it cannot be regularized by multiple transfers.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

A general category person can't buy an land belonging to SC / ST category through direct purchase. He has to take permission from the relative authority

Section 42 (SC, ST Act) provides some general restrictions on sale, gift and bequest of the interest of Scheduled Caste and Scheduled Tribe, in the whole or part of their holding.

If the land is self earned, not much problem.

If the land was granted by the government, then you need to be careful.

The preamble of the Act reads:

“An Act to provide for the prohibition of transfer of certain lands granted by the government, to persons belonging to the scheduled castes and scheduled tribes in the state, which means any land granted to the landless agricultural labourers belonging to scheduled castes and scheduled tribes, cannot be purchased. Anyone who purchases such a property, will not get clear and marketable title; such property will be eventually acquired by Government and returned to the original owner without any compensation to the purchaser.”

The problem lies in the fact that when the grantee goes to sell the land which he is not supposed to the Govt does not refuse to register this Sale but officially accepts it as a legal sale. Later the grantee goes back to the Govt and claims this land back. The law then says the land has to be returned to the grantee without any compensation.

Limitations of the Act a) Land cannot be sold without permission from Govt. within 15 years b) Most grantees sell the land immediately on receiving the granted land. 

The original grantee or his heirs can claim the land back after 100 years even if land has changed hands officially through Registered Sale Deeds a number of times.Strangely

The Limitation Act Does not apply to this law (e) This law is retrospective in nature Ex post facto law India d) The current owner should handover possession including building, trees etc. without any compensation even if taxes are paid and land has been registered in the purchasers name

The current owner may have purchased it from another party and may be the third or fourth in line in which the property has changed hands.

But only the current owner is expected to bear the loss of all accumulated purchases and sales

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear client,

In an important decision, the Supreme Court has declared that land alloted to nomadic tribes or members of the Scheduled Castes and Scheduled Tribes in Karnataka cannot be transferred or sold without prior permission from the government.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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