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Sc land purchase by a general.

(Querist) 07 December 2015 This query is : Resolved 
Sir,
I purchased a plot on my mother's name on 3 Mar 2015 from a farmer through a broker near Unnao,U.P. I was told that the land owner(Farmer) is not a SC/CT and the same has been mentioned on the registry papers as well. but now after about 8 months I got to know that the land owner is an SC. Now I know in July-2015 there have been some new rules laid to allow the purchase of SC/ST lands. I am not sure if these apply to me as well because I bought it in Mar-2015. The "Dhakil/Khariz" of my plot has still not been done. Please advise me what I should do?

Thanks & Regards
Pankaj Tiwari
Kumar Doab (Expert) 07 December 2015
Generically speaking: If the land was not given in some kind of award with some kind of lien/condition of prior approval attached then there should not be such issue


Or if there is some condition as the land being agriculture and agriculture being state subject there are local laws that applicable to such transaction.



In UP UP land and Zamindari Abolition Act applies.


You may consult an able counsel specializing in such/property/revenue/civil matters and well versed with local laws.



Why the name of buyer is still not entered in mutation records?

Rajendra K Goyal (Expert) 08 December 2015
Consult local lawyer and show him all the documents, discuss steps warranted.
K.S.Srinivas (Expert) 12 December 2015
Consult a lawyer in your state who is dealing with property matters.
T. Kalaiselvan, Advocate (Expert) 16 December 2015
The term 'land belonging to SC/ST community' means the landed property allotted to them by the government enforcing the Welfare scheme announced by the government.
If it was a self acquired property, then there i s no harm in buying such properties.
You can very well go ahead to transfer the revenue records as also mutation of records on your name.
Pankaj (Querist) 05 January 2016
Thank you all for the prompt responses.
Pankaj (Querist) 05 January 2016


Author : Pankaj

Posted 29 days ago


Sir,
I purchased a plot on my mother's name on 3 Mar 2015 from a farmer through a broker near Unnao,U.P. I was told that the land owner(Farmer) is not a SC/CT and the same has been mentioned on the registry papers as well. but now after about 8 months I got to know that the land owner is an SC. Now I know in July-2015 there have been some new rules laid to allow the purchase of SC/ST lands. I am not sure if these apply to me as well because I bought it in Mar-2015. The "Dhakil/Khariz" of my plot has still not been done. Please advise me what I should do?

Now today (5 Jan 2016) i got to knot that this land was earlier purchased by the seller back in 2014 from a lady and the same land has been sold to me now.
In this kind of situation what must be my next step? Please don't forget to reply...
thanks in advance.


P. Tiwari
Kumar Doab (Expert) 05 January 2016
You have been advised properly.

The revenue office/officer e.g. Patwari can provide you all documents/rules etc.


Beyond this you need to work on your own or thru your able counsel.



Pankaj (Querist) 06 January 2016
Thank u sir.


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