32 year old property issue
Rohit chawla
(Querist) 25 February 2018
This query is : Resolved
My grandfather had purchased land from SC 32 years earlier. we have possession of the land today also but some sc are now claiming their land by saying that SC land cannot be purchased by general caste. We have full documentation also of the land that is Bainama of the land.
Land is under our possession and we have bainama also. Its been 32 year and now they are raising case because of seeing the land prices. Need expert opinion that how to save our land. What law can save the land and dimiss the case at once
P. Venu
(Expert) 26 February 2018
There is no general rule that the Land belonging to SC/ST cannot be sold to person of the general category.
Kumar Doab
(Expert) 26 February 2018
What is said Bainama; Agreement to sell and is IT registered or is IT registered sale/conveyance deed?
Although you have posted seller as person belonging to as SC category you may reconfirm the seller belonged to SC or ST category?
Kumar Doab
(Expert) 26 February 2018
Look into state laws covering transaction of such land (as per nature bought by your father e.g; under some govt scheme/award for SC/ST category) and T&C if any associated with IT…..
If nature of land was such and if any T&C were associated then relate with your matter and contentions of person approaching you.
The details can be obtained from DC office..or O/o Authority under whose jurisdiction land falls..
Check after how many years of say; award/scheme ( if any by govt) the land was sold to your father and if permission from DC was obtained (if IT was required)!
If the land was bought by registered sale/conveyance deed and NO such T&C was associated barring sale to general category then your interest should be intact…
Preferably Approach with copies of docs a very able senior LOCAL counsel of unshakable repute and integrity specializing in revenue/Civil matters and having successful track record in such matters and……………….worth his/her salt..for a considered opinion..
Dr J C Vashista
(Expert) 27 February 2018
You have stated that your grandfather had purchased the land on "BAINAMA" which is just an agreement to sell. Accordingly title of the land is with the vendor, which should have been transferred by a proper registered "DEED". Your grandfather did not enter into the shoes of ownership of the land.
Show the document to a local prudent lawyer.
Kumar Doab
(Expert) 27 February 2018
You may respond to all points..raised in the thread..
