Land purchased from harijan
Aleem Ahmad
(Querist) 26 April 2016
This query is : Resolved
Hi All, first of all thanks to all expert who have been continuosly addressing queries from people. I have bought a land from a harijan and only registration has been done so for since it cannot be kharijdakhil to a general caste ppl.I was not aware of it . This was first time i bought a land. Need your assistance to proceed further to understand new law and to get it kharij dakhil. I am a lehman in this field. Pls help
Sudhir Kumar, Advocate
(Expert) 26 April 2016
you have not indicated as to what type of land this is and in which state it is located.
land laws of each state differ.
Prima-facie you are liable to return the and to seller and not entitled to receive the price back.
no case of cheating/misrepresentation can be made out against the seller.
Rajendra K Goyal
(Expert) 26 April 2016
Land law differ from state to state.
Discuss in detail with local lawyer after showing related papers.
Raj Kumar Makkad
(Expert) 26 April 2016
I understand your real problem. In many states, the land of SC & ST can be sold only to the similar category persons and general caste person cannot purchase that land. If SC/ST person wants to sale his land other than the same category person, he has to get permission from the DM of that particular district which requires a log of time, energy and formalities and generally it is denied and harassed to do so.
Now you have got the registered sale-deed in your favour but mutation (dakhil-kharij) cannot be sanctioned unless the sale is valid. You have now two options. One is to prepare the seller to get the permission as per rules and either he is not ready or is not granted then get the sale-deed set aside through civil court and get the money back.
Sudhir Kumar, Advocate
(Expert) 27 April 2016
generally SC/ST when compelled to sell land to similar category may not be getting market price.
by trapping you he has got the price which he would not have got legally.
So why at all he should agree to run around to DM office (even if at your cost and his comfort)
Normally any person getting benefited from illegal contract is liable to reimburse the gains.
In this case he is not even liable to refund the price (in many states) though he is entitled to resume the land. You will be lucky if you get the price back by persuasion.
