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tribal land

Guest (Querist) 27 April 2010 This query is : Resolved 
facts of the case :A, a tribal handed over his land to a society and drew layouts on it and sold the land in parts (i.e. various plots) to different persons. my client is one such purchaser. now after about 26 years the son of the deceased A, a tribal, is claiming his land from my client and not from other owners of different plots in the same layout. he is claiming the said land U/s. 36A of The Maharashtra Land Revenue Code, 1966.

my question now is that, since the entire land of the late tribal is now put to Non-Agricultural use can the son of the tribal claim such a land legally merely by giving an undertaking to cultivate the said land before the Court/Authority ?
aman kumar (Expert) 27 April 2010
what is the position of land in govtt records ??
Raj Kumar Makkad (Expert) 27 April 2010
You may obtain stay order from civil court stating entire reasons thereto along-with plea of limitation.
niranjan (Expert) 27 April 2010
As per the LRC the tribal land could not havce been sold without the permission of the Collector.However even at the time of converting the land into NA use,the revenue deptt.needs extract of VF VI,and when the said land was sold tosociety by a tribal,the deptt.could have refused.Though the sale is invalid,however there is no way out except as Mr. Makkad has advised.
bhagwat patil (Expert) 28 April 2010
36A of MLRC is for agricutural land holding of trible owner.In the preamble of the act for adiwasi act the the protection ts given to adiwasi land the adiwasis r not able to protect their right over the property. those adiwasis convert the agricultual land to NA does not need any protection . he is wise enough.you may call 9422773303 for furter details


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