Purchase of land from sc
Querist :
Anonymous
(Querist) 09 May 2020
This query is : Resolved
I belong to general caste. Can I buy house from 2nd owner who in turn bought land after completion of 10 years from Schedule caste person given under special scheme.
Guest
(Expert) 09 May 2020
There would be certain Time Limit to Sell or Transfer with regard to such lands if allotted by the government. You should first check on that. preferably with concerned Revenue Department and the Registrar Office..Some times even the Registration would be allowed but the Change of Patta or change of name in Taxes will not be allowed. Verify in all aspects and then Proceed. .
Raj Kumar Makkad
(Expert) 09 May 2020
In some States like Rajasthan and Haryana, immovable properties especially plots, allotted to the persons belonging to Scheduled Caste and Schedules Tribes can sell their said properties to the persons of the same class and such properties can never be transferred to the persons belonging to general caste. So better to go through such allotment and only ten to decide further.
kavksatyanarayana
(Expert) 09 May 2020
As per me, the land was allotted to a SC person under Special Scheme. so there were certain terms and conditions in the land allotment letter. General that land shall not be transferred. If the SC person had obtained permission from the District Collector/concerned Officer and then he shall sell that land to a SC person only in some States. so check-in your state. first, consult in the Revenue Department regarding the land and consult a local advocate for further guidance.
P. Venu
(Expert) 09 May 2020
Yes, this aspect needs to e ascertained from the terms and conditions of the grant/allotment.
Dr J C Vashista
(Expert) 10 May 2020
Avoid (do not) purchase such property which has been allotted/ sold to special category of person, if you are not from same category .
Hemant Agarwal
(Expert) 10 May 2020
Visit the following link:
https://www.lawyersclubindia.com/forum/Re-Can-Pvt-Ltd-Company-in-Maharashtra-buy-Agricultural-land-15364.asp
Rajendra K Goyal
(Expert) 10 May 2020
Consult local lawyer and discuss in detail in reference to the applicable law in your state.
Land is state matter, rules differ from state to state.
T. Kalaiselvan, Advocate
(Expert) 10 May 2020
Since the land is allotted to the reserved category persons on a special consideration by the state government, the conditions about the transfer of the allotted property would be found printed in the allotment letter itself.
The allotment letter is the parent document for such properties.
Hence you may peruse the conditions mentioned in the allotment letter and if in doubt, you may better consult a local advocate and have a legal opinion before venturing into the huge investment.
You may proceed only if recommended.
Rajendra K Goyal
(Expert) 11 May 2020
Please provide following information for further advice:
When, how, under what conditions the land / house was allotted to first owner who is said to be from SC category?
Whether second owner (purchaser) was from general category?
In which state the said land / house is situated?
Who built the house? Whether built house was allotted, or plot was given?
Who allotted the plot / house, state Government or other agency?
Under which scheme the land / house was allotted.
