• Permission

I am a buyer as SC of UP and Seller is also. A sale proceed is to be done. But due to recently changes in UP Gov Law the SDM have not proceeded for permission and returned application verbal rejection that no need to such permission. The land is of leese/patta which is more than 10years and land converted as bhumidhar. Please guide me whether any problem will be occurred at the time of Dakhil Khariz.
Asked 9 months ago in Property Law from Kanpur, Uttar Pradesh
Religion: Hindu
1) Since both belong to scheduled caste you would not require permission to purchase land 

2) before you purchase land contact a local lawyer 

3) check whether tithe is clear and marketable and free from encumberances 
Ajay Sethi
Advocate, Mumbai
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1) since land is in UPit is advisable to contact a local lawyer and based on his opinion proceed further in the matter 
Ajay Sethi
Advocate, Mumbai
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No problems are likely to surface as there is no illegality committed in respect of the land. If dakhil khariz is not done then appropriate relief can be sought from the court.
Ashish Davessar
Advocate, Jaipur
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But due to recently changes in UP Gov Law the SDM have not proceeded for permission and returned application verbal rejection that no need to such permission. The land is of leese/patta which is more than 10years and land converted as bhumidhar. Please guide me whether any problem will be occurred at the time of Dakhil Khariz.

Section 143 of UP Zamindari abolition and Land
Reforms Act 1950
Use of holding for industrial or residential purpose
1 Where a Bhumidhar with transferable rights uses his holding or part thereof for
a purpose not connected with agriculture, horticulture or animal husbandry
which includes pisciculture and poultry farming, the Assistant Collector-incharge
of sub-division may, suo motu or on an application, after making such
enquiry as may be prescribed, make a declaration to that effect.
(1-A) Where declaration under sub-section (1) has to be made in respect of a
part of the holding, the Assistant Collector-in-charge of the sub-division may, in
the manner prescribed, demarcate such part for the purposes of such
declaration.
2 Upon the grant of the declaration mentioned in sub-section (1), the provision of
this Chapter (other than this section) shall cease to apply to the Bhumidhar with
transferable rights with respect to such land and he shall thereupon be
governed in the matter of devolution of the land by personal law to which he is
subject.
Thus, in my opinion there wont be any problem at the time of Dhakil kariz
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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A deal has completed and deed registered without permission for agriculture land which was already converted from asankramniya to sankramniya. But dakhil khariz is pending. What problems occur in case of both parties are SC of UP and land in UP
Since the Collector has returned the application for conversion from agriculture to NA stating it is not necessary, get the property registered by executing a registered sale deed ad apply for dakhil khariz.  you should not get any problem.
T Kalaiselvan
Advocate, Vellore
14158 Answers
127 Consultations
5.0 on 5.0

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