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Manish Singh   08 January 2024

St/sc land to be registered in general candidate name with possesion of 15 yrs

HI EVERYONE 

THE LAND ON WHICH MY HOUSE IS BUILD WAS INITIALLY ON THE NAME OF AN SC CANDIDATE WHICH HE SOLD TO A MUSLIM CASTE PERSON BELONGING TO OBC CATEGORY.  THEN WE PURCHASED THE LAND FROM THE MUSLIM GUY . BUT LATER , WHEN WE STARTED MAKING OUR HOUSE ON IT THE SC CANDIDATE MADE A DISPUTE AND AND FOR MONEY SAYING IT WAS HIS PROPERTY. LEKHPAL (OFFICIAL) SAID TO BUY THE LAND AGIN FROM THIS GUY . SO HE HAD TO PAY THE SC GUY MONEY FOR THE LAND. NO REGISTERY WAS DONE AS IT WAS INFORMED THAT REGISTERY OF SUCH LAND CAN NOT BE DONE( LAND DOES NOT BELONG TO AGRICULTURAL LAND).   

NOW WE WANT TO GET THIS LAND TO BE REGISTERED ON OUR NAME AS THE LAWS HAVE CHANGED . 

PLEASE GUIDE ME 

1. IS IT POSSIBLE ?

2. IF YES. HOW CAN WE DO IT??? 



Learning

 7 Replies

Dr. J C Vashista (Advocate )     08 January 2024

The subject land has been allotted to SC person, who cannot sell it. You were required to verify the fact from concerned authorities on the subject.

Recheck terms and conditions of allotment.

kavksatyanarayana (subregistrar/supdt.(retired))     08 January 2024

If it is an assigned land, the land to whom it was allotted shall obtain permission from the District Collector to transfer the land in any manner.

Adv.Shukla (advocate )     08 January 2024

check the local land laws for-

if there are any precondition for alienation of granted lands by the govenment ?

is there any non alienation period in the granted land ?

Are the conditions are complied with such precondtions in previous transfer?

Has he(SC beneficiary) obtained prior permission from government to sale the granted land. if not the transfer is null and void abinitio.

T. Kalaiselvan, Advocate (Advocate)     08 January 2024

The assigned land cannot be sold before expiration of the conditions to alienate or sell.

Since you have not purchased it by registered sale deed, you can cancel the agreement and demand return of your amount

Manish Singh   09 January 2024

But sir at my location some advocates are saying that this can be done after going through application of " Dhara 80"

kavksatyanarayana (subregistrar/supdt.(retired))     09 January 2024

I think Dhara 80 is not relevant to your query.

Dr. J C Vashista (Advocate )     10 January 2024

"Dhara 80" of which Act / Law ?


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