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chandra (Sr. Tech. Asst)     29 January 2010

Buying SC/ST assignment land

Dear Sir,

I request the forum members to help me in this regard. My sister, who is residing in Karnataka had purchased a plot in Bangalore from a person during 1992. Now, somebody told us that this purchase is not valid and any day, it can be taken back, as this a land given to SCST community (the person who sold it to us belongs to SCST). This land has been sold as a layout consisting of more than 10 plots to 10 people. On which almost 7 people have constructed the house. Only 3 are empty plots, in which 1 is ours. I request you to please advice me, whether this is valid purchase or not. If not, what can be done at this stage.

Thanks for your valuable time,

Regards,

Chandra Sekar



Learning

 17 Replies

A V Vishal (Advocate)     29 January 2010

The sale is invalid in view of the fact that any land granted/held by a SC/ST cannot be sold by the beneficiary, the property can be succeeded by the beneficiary's heirs or the government has authority to take back the land and re-allot it to the original beneficiary or any other beneficiary. I think it is a very unwise investment without trying to understand the local land laws governing assigned lands.

Bhartiya No. 1 (Nationalist)     29 January 2010

Vishal sir has advised correctly. Just enquire/consult about 30 years limitation period for restoration to transferor adverse possesion of 30 years), if it is threre then u may  get benefit. Anyway I am attaching famous judgement of Hon'ble Supreme Court in this regard, which may help u.


Attached File : 39 39 manchegowda etc vs state of karnataka etc on 17 april 1984.pdf downloaded: 3757 times

naveen_rao (admin manager)     24 March 2010

Hello Vishal and Ashutosh Sir,

I am interested/Looking for buying a SC/ST Land near bangalore.I am planning to buy this land after,I get a sale permission from karnataka government.I want few clarifications.

1)Is it advisable to buy this land,under this circumstance.

2)Will there be any problem after the land registration(after getting sale permission from Govt) into my name.

waiting for your reply

with regards

naveen

Bhartiya No. 1 (Nationalist)     27 March 2010

It is not advisable to purchase any sc/st land. Problems will start once property get registered.

Bipin (Manager)     19 April 2010

Can a person from the SC\ST community buy land from a SC\ST or is that also not permitted in case of grant land ?

What about non grant land ?

Bhartiya No. 1 (Nationalist)     20 April 2010

These things( Buying SC/ST assignment land) depend upon local Tenancy Acts, for that either u refer that local Act or consult any good civil lawyer. In some states previous permision of Deputy Commisioner is reqd in case of non granted land. An SC can buy only SC land with previous permision of Deputy Commisioner and same thing betwn ST purchasing ST land. Granted land is different thing, as per my knowledge it is non saleable.

Bhartiya No. 1 (Nationalist)     20 April 2010

Always go thro' extensive consultation with good civil lawyer and in depth inquiry while purchasing such types of land.

Bipin (Manager)     23 April 2010

Thank you Ashutosh for your reply. I plan to buy the land in karnataka. Is there any special considerations to keep in mind apart from the one you have already mentioned (i.e. apart from this ' An SC can buy only SC land with previous permision of Deputy Commisioner ' ?)

Thanks again !

naveen_rao (admin manager)     05 March 2011

Hello Vishal and Ashutosh Sir,

I am plannig to buy a Grant Land(Gomal) near bangalore.The lease period is not yet over,The land is allotted three years back(2008).The lease period is around 25 years.This land belongs to General category(Not SC/ST Land).I am planning to buy this land after,I get a sale permission from Deputy commisioner.

I want few clarifications to be made:-

1)Is it advisable to buy this land,under this circumstance.

2)Will there be any problem after the land registration(after getting sale permission from Govt) into my name.

waiting for your reply

with regards

naveen

aravind (no)     07 June 2011

can sc  buy sc grant land in karnataka and                                                                                                                             1          what r the formality to buy ? 

2            what all the papers to be checked ?

Sathya (Student)     21 August 2011

Dear Sirs,

You guidnance is of immense value. My sister has purchased a Plot on outskirts of B'lore and wnated to construct, but was adviced not to. The reason I believe is that land was granted to SC/ST in 1949 with clause not to sell for 15 yrs. The grantee sold the land after 18 years and since then the owners have enjoying the property after getting it converted in 1992,. Layout was formed and sold to many persons who have built their houses. The owner too has a house there. Is it safe?

Please advice.

Regards,

Karni

kollu (analyst)     08 July 2013

I want to buy a plot in Margondanahalli (Margondana halli), TC Palya, Ananadpura Circle, Ramamurthy nagar, Bangalore.  That land belongs to SC land. Its converted now (DC conversion done) and Tahasildar approval is there for sales. Now I am OC(belogs to General Category). Can we buy that land or not.

Now in Margondanalli they made big layout and selling to many people please suggest me can we buy or not.

1. In another  Margondanahalli layout SC people sold to General category(Reddy's) please suggest me can we buy that land from that lay out or not. Now the land is in General Category people.

2. My friends told me that after 30 years no problems will come Margondana halli layout . SC converted land means we can buy for without problems.

3. Margondana halli DC conversion land and  Panchayat given Tahasildar permission  means can we buy that land it won't come future ploblems.... please le me know. 

Mallikarjuna G   29 October 2016

Hai sir It's mallikarjuna from ST community in Karnataka, I would like to purchase land from sc community land, which has been transfered with raitavari patta after cancellation of inam in the year of 1999, under act KCIA 1977 sec 12(II), Please suggest Regards Mallikarjuna

Mallikarjuna G   29 October 2016

Hai sir It's mallikarjuna from ST community in Karnataka, I would like to purchase land from sc community land, which has been transfered with raitavari patta after cancellation of inam in the year of 1999, under act KCIA 1977 sec 12(II), Please suggest Regards Mallikarjuna

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