Old tenure in gujarat state
sanjay
(Querist) 18 April 2013
This query is : Resolved
I want to sell 20 guntha land in Gujarat. I belong to ST(scheduled Tribe). The land was in my grandfather's name since 1948. recently in 2005, The title was transferred in my father's name. The land type mentioned in 7/12 extract is old tenure. i heard that lands belonging to ST are 73AA type and it can be sold only to ST.
i am confused weather there is mistake in 7/12 extract or the land is really of old tenure type.
kindly guide me in selling the land
ajay sethi
(Expert) 18 April 2013
Companies can't acquire SC, ST land: SC
New Delhi, Sept 20, 2012, (PTI)
In a significant ruling, the Supreme Court today said that the land belonging to scheduled castes or tribes cannot be bought by non-dalits, including companies as such transactions are unconstitutional.
A bench of justices K S Radhakrishnan and Dipak Misra gave the verdict on an appeal by the Rajasthan government against the state high court's order holding such a sale to be valid in law.
The high court had passed its order on an appeal by a firm, Aanjaney Organic Herbal Pvt Ltd, against the refusal by the state authorities to recognise or grant mutation to the purchase of a plot by the company from a person belonging to scheduled caste.
"The Act is a beneficial legislation which takes special care to protect the interest of the members of Schedule Caste and Schedule Tribe.
"Section 42 (SC, ST Act) provides some general restrictions on sale, gift and bequest of the interest of Scheduled Caste and Scheduled Tribe, in the whole or part of their holding.
"The reason for such general restrictions is not only to safeguard the interest of the members of Scheduled Caste and Scheduled Tribe, but also to see that they are not being exploited by the members of non-Scheduled Caste and Scheduled Tribe.
"We find Section 42(b) of the Act has to be read along with the constitutional provisions and, if so read, the expression ‘who is not a member of the Scheduled Caste or Scheduled Tribe’ would mean a person other than those who has been included in the public notification as per Articles 341 and 342 of the Constitution," said Justice Radhakrishnan, writing the judgement for the bench.
That property was purchased on September 26, 2005 through a registered sale deed for a consideration of Rs 60,000.
The high court had held that such a transfer was valid as the company being a ‘juristic person’ does not have a caste and, therefore, any transfer made by a Scheduled Caste person would not be hit by Section 42(b) of the Act.
"If the contention of the company is accepted, it can purchase land from Scheduled Caste / Scheduled Tribe and then sell it to a non-Scheduled Caste and Schedule Tribe, a situation the legislature wanted to avoid.
"A thing which cannot be done directly can not be done indirectly by over-reaching the statutory restriction.
"We are, therefore, of the view that the reasoning of the high court that the respondent being a juristic person, the sale effected by a member of Scheduled Caste to a juristic person, which does not have a caste, is not hit by Section 42 of the Act, is untenable and gives a wrong interpretation to the above mentioned provision," the apex court said
R.K Nanda
(Expert) 18 April 2013
agree with expert sethi.
Raj Kumar Makkad
(Expert) 18 April 2013
Your problem is not which has been addressed by Sethi. Your land detail in 7/12 extract is not showing as of ST land rather is showing old tenure.
Nothing can be definitely told to you without going through the mutation entered in favour of your grandfather. It shall be better to obtain the copies of the record and then post this query again or take advice of local lawyer.
sanjay
(Querist) 19 April 2013
thank you mr. sethi and Mr. raj kumar for trying to resolve my query. Probably i could not put my query properly.
The propery agents are telling that they will obtain NA in my father's name and then the land will be transferred in purchaser's name. Purchaser will have to pay less premium if it is old tenure land.We just got latest copies of the 7/12 extract. There it is mentioned that it is of old tenure.
i want to know weather it is possible to have old tenure for land belonging to ST or it is a mistake by gujarat land department.
Raj Kumar Makkad
(Expert) 19 April 2013
This may be a mistake which I have already told to you. Only Patwari can confirm it whether the same is a result of a mistake or really this is an old tenure land. Generally ST land do not contain such status.
