Can a ST person , for his own self acquired land , sell or transfer it to a General Caste person . OR if the scheduled caster person is a shareholder/Director in a company, Can the land be transferred as a plot or a house and later sold by that company ? West Bengal .
1) A Schedule Caste person can technically sell land to a person of the general category, but such a transfer is only legally valid if prior permission from the appropriate authority (e.g., Collector) was obtained before executing the sale deed.
2) Without prior approval, the sale is likely illegal or invalid, and the land may be subject to resumption or legal proceedings.
3) the general principle is that transfers to companies controlled by non-tribals may also require Collector's permission.
By way of section 14C of the West Bengal Land Reforms Act a land belonging to ST can not be transferred to a person of general Caste unless a prior permission of the revenue Officer is taken.
By operation of this law the land can not be transferred to Company as well.
yes
- 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 caste 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.
- Hence, a permission is mandatory to sell the land of Schedule cate to another community even the land is transferred to a company.
The land of acquired by him was purchased under some special schemes for sc st then he can’t
A Scheduled Tribe (ST) person cannot freely sell their self-acquired land to a general category person without restrictions or specific permissions, especially if the land was originally allotted to them under reservation policies.
Many states have laws in place to prevent the transfer of land from ST individuals to those outside their community, to protect them from exploitation and ensure the benefits of land ownership remain within the ST community.
In many cases, transferring land from an ST individual to a non-ST individual requires prior permission from the District Collector or a similar competent authority.
No, an ST individual in West Bengal cannot freely sell self-acquired tribal land to a general caste person—or transfer it via a company—even if the ST holds shares/directorship.
Under Section 14C of the West Bengal Land Reforms Act, 1955, such transfers are void unless prior written permission is obtained from the Revenue Officer, and only if no ST buyer is available at fair market value.
Conclusion: You must secure Revenue Officer approval before selling or transferring tribal land to non-ST persons or through any company.
ST person , for land acquired by own means (bought approx 10 years back and registered) wants to sub divide the land and sell as residential plots and/or houses to other ST and non SC/ST persons in state of West Bengal. Can this be done on individual basis by the ST person or Can the ST person form his own company and sell the land /plots /built up houses to general / non ST persons.
ST person , for land acquired by own means (bought approx 10 years back and registered) wants to sub divide the land and sell as residential plots and/or houses to other ST and non SC/ST persons in state of West Bengal. Can this be done on individual basis by the ST person or Can the ST person form his own company and sell the land /plots /built up houses to general / non ST persons.
a Scheduled Tribe (ST) person can sell their self-acquired property to a non-ST person, but it's often subject to certain conditions and may require prior permission from the District Collector or other competent authority.
Obtain prior permission from collector
A Scheduled Tribe (ST) person cannot freely sell self-acquired land to non-ST persons, even if they form a company. In West Bengal, Section 14C of the West Bengal Land Reforms Act, 1955, restricts the transfer of tribal land to non-tribal individuals or companies without prior permission from the Revenue Officer. The Revenue Officer must be satisfied that no suitable tribal buyer is available at fair market value.
Scheduled Tribe (ST) person cannot freely sell self-acquired land to non-ST persons, even if they form a company. In West Bengal, Section 14C of the West Bengal Land Reforms Act, 1955, restricts the transfer of tribal land to non-tribal individuals or companies without prior permission from the Revenue Officer. The Revenue Officer must be satisfied that no suitable tribal buyer is available at fair market value.
It can be done but in certain circumstances prior permission of DM or collector is needed in certain cases
Dear Client,
Can a person belonging to the Schedule Tribe sell their self-acquired land to a
person belonging to the General category?
There is statutory restriction on alienating the property belonging to a raiyat
belonging to scheduled tribe. Such a transfer cannot be effectuated without
the Revenue Officer. Hence it is not possible to provide a clear-cut answer
unless there is clarification on whether this person is a raiyat or not.
Legal principle: According to Section 14C of the West Bengal Land Reforms
Act, 1955, a raiyat belonging to a scheduled tribe may transfer his holding or
part thereof in any one of the following ways,
(a) By a complete usufructuary mortgage entered into with a person
belonging to a Scheduled Tribe for a period not exceeding seven years;
(b) By sale or gift to the Government for a public or charitable purpose;
(c) By simple mortgage to the Government or to a registered Co-operative
society;
(cc) by simple mortgage or mortgage by deposit of the title deeds in favour
of a scheduled bank, a co-operative and mortgage bank or c corporation,
owned or controlled by the central or state Government, or by both, for the
development of land or improvement of agricultural production;
(d) By gift or will to a person belonging to a scheduled tribe;
(e) By sale or exchange in favour of any person belonging to a Scheduled
Tribe;
Provided that any such Raiyat may, with the previous permission, in
writing, of the Revenue Officer, transfer by sale his holding or any part
thereof to a person not belonging to any Scheduled Tribe;
Provided further that no such permission shall be granted by the Revenue
Officer unless he is satisfied that o purchaser belonging to a Scheduled
Tribe is willing to pay the fair market price of the holding or any part
thereof and that the proposed sale is intended to be made for one or more
of the following purposes, namely:-
(a)For the improvement of any other part of the holding, or
(b)For investment, or
(c)For such other purposes as may be prescribed.
I hope this answer helps. In case of future queries, please feel free to contact
us. Thank you.
