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Senthil (farmer)     14 August 2011

Conditional patta land - query on right to buy


Dear sir,

We purchased an agricultural land from a muslim owner(M) in 2009. After checking the encumbrance certificate, we registered the land on our name, took the possession and also got the transfer of patta to our name. We have been paying all the applicable taxes properly since then.

Recently we got to know that the muslim owner had bought it from a Scheduled tribe and the land was given to him on conditional patta. hence our purchase of land may not be legal, as the sale could be done only between scheduled tribes.


When we checked with the muslim owner, he told us that "The conditional patta document has clearly stated in its 18th paragraph that the land should not be sold to a Caste hindu("Jaathi Hindu")even after 10 years. As I am a muslim, my purchase from the scheduled tribe is valid and consequently, your purchase from me is valid too, though you are a Caste hindu"

Is the statement correct? What else should I do to make sure that my purchase and the possession of the land is legal without any issues?

Thanks a lot



Learning

 2 Replies

Shastri J.K. (Practice in The High Court of Chhattisgarh)     15 August 2011

 

At first U tell me land is where situated, in narnal course purchase and the possession of the land is illegal. for details U may contact on 9826684576.


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Kundan Kr. Singh (Advocate)     03 September 2011

Mr. Farmer in which state and district land is situated because land laws is mostly vary state to state.


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