• Ceiling land

Hi Dear Attorney,

I am from Andhra Pradesh.Belongs to West Godavari district.

One OC community person bought 4 acres of land from a ST community person in my village and registered it on his name. Later he sold it to my father.This was happened 20 years ago.We have all the documents with us.Total value of the land is very much appreciated. So is there a way that we can regularize this land? Because my father bought the land with all his savings during that time.

Your advise in this regard is much appreciated.
Asked 11 months ago in Property Law from United States
Religion: Hindu
If your father purchased the land by a registered sale deed, then there is no problem in his possession and enjoyment of the same.
Moreover this property was not directly purchased fromST community person hence there is no serious issue involved in it.
Further it is more than 20 years after purchase, there is nothing to be concerned about it at this stage.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
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Once the sale deed has been executed in your father's favour the title passed to him. To get back the land sold by him he is required to file a lawsuit for cancellation of the sale deed in the court. If revenue authorities declare the sale as illegal the same can be challenged in the civil court.
Ashish Davessar
Advocate, Jaipur
18170 Answers
449 Consultations
5.0 on 5.0
1) your father cannot purchase land belonging to Scheduled tribe 

2) SC has ruled that non Dalits cannot buy land belonging to SC and ST 

3)  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,

4)   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.
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
Do not entertain any oral demand, ask him to proceed legally.  Let him take action as per the legal procedures.  He cannot demand anything this way, he has to follow some procedures.  If he i persistently troubling you, you may issue a legal notice to him to restrain from indulging in such activities or else he will be liable for legal action against him. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
1. In certain parts of India like Jharkhand, purchasing land from a ST person by an non tribal is invalid and such sales are cancelled later on,

2. You shall have to ascertain from the local Registrar's office whether there any such restriction or not in buying land from a ST person by a non tribal person,

3. If it is prohibited then the 1st sale by the ST person to the OC person is invalid for which the subsequent sale to you is also invalid,

4. However, you can very well contest the case on the ground that the said sale was made more than 20 years ago and any case filed now is not maintainable on the ground of limitation hence is liable to be rejected. 

 
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. The registered sale deed is the evidence proving hat the property has been registered in favour of your father some 20 years back,

2. Contest the application/case on the ground of limitation as suggested in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Looks like Andhra Pradesh Govt is planning to amend the law to allow assigned land beneficiaries to sell it after 30 years.That means Govt regularizes the land after 30 years. We bought the land after 20 years it was assigned to the beneficiaries.In this case does the sale considered as a valid sale ? Can i regularize it on my name once it become law? Please let me know..
Looks like you are getting confused over unconfirmed news.
If the government is planning to regularize by bringing amendment to the existing law, then it may not be effected retrospectively. 
However in your case the property was purchased by your father from a non ST person and ever since his purchase he was in absolute possession and peaceful enjoyment without any interference.  This is a strong ground to confirm the title and ownership of the property.
Therefore you can very well apply for transfer or mutation of revenue records in your name as a legal heir to your father if your father is not alive now.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
1) as on date your sale is not a valid sale .

2) wait for final shape of amendments to A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 be passed by state legislature . 

3) if as per amendment beneficiaries can sell land after 30 years approach seller and execute fresh agreement with him 
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
1. If the Govt. allow the beneficiaries to sell the land after 30 years of its acquiring it, then in your case it is 20 years after the said allotment to ST person, you had bought the same which makes the sale invalid,

2. However, legal advice can not be given on presumptive future enactment of law,

3. Wait till the law of such allowing of sale after 30 years is enacted by the Govt for detailed analysis of your problem to find out the solution.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
The fact of the matter is that in your case the land has been sold to your father who holds a sale deed in his favour. Unless the sale deed is cancelled the seller cannot get the title back, without which he cannot sell. The law has to be read after it is enacted to ascertain if the subsequent purchaser is also covered within the meaning of 'beneficiary' or not. So wait till the law, which you say is about to be enacted, is actually enacted by the legislature. 
Ashish Davessar
Advocate, Jaipur
18170 Answers
449 Consultations
5.0 on 5.0

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