StudentOFLAw (Student) 02 September 2012

Land transfer of sc/st land - dispute

Dear Sir,

An Adivasi Farmer("A") agreed to transfer his Land in Maharashtra to Adivasi Buyer("B") at Government Rates (eASR) and took an advance. We have formed an Affidavit(100 Rs Stamp) stating all the Transactions and Considerations in front of Public Notary. Also the Advance Consideration is mentioned in the same Affidavit.
The Application for permission of transfer of Land from A to B was submitted to the District Collector and in the process of transfer the Jabab of 'A" was submitted in front of Circle Officer at Tehsil Office of the Taluka.
Also there was a Mediator("C") for this transaction.

In the meantime the Farmer "A" somersaulted and now is not willing to go ahead with the transaction and has sought some other Non-Adivasi buyer("X") for the same Land.
The fresh application was made to District Collector for the new Transaction Between A to X. The X has now taken a new say(Jabab) stating that he earlier Jabab
was not true and The A is willing to sale it to X.

The difference in the opinion was brought to notice to the District Collector by two different applications from C and from A.

Then X and A has filed a Police Complaint Against C stating some Atrocity to A.

What I can think of now is some legal suit over the same.
Please Guide me what can be done to save B and C from in this cases of Atrocity.

-Regards,

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2 Replies

SURESH GODBOLE (ADVOCATE) 03 September 2012

Its Strange

A agreed to Sell to B

C is the mediator

A somersaulted and agreed to sell it to X

BUT WHAT HAPPENED TO B TRANSACTION

WAS B KEPT INFORMED

DID HE GIVE HIS ACCEPTANCE IN WRITING BEFORE NOTARY AND ON OATH WITH A WITNESS

Selling same land twice or thrice is a fraud

C being nediator must have KNOWN THIS

WAS HE (C) ALSO A MEDIATOR WHEN TRANSACTION OF A to X was being performed

IF MEDIATOR ON BOTH OCCASSIONS HE IS GUILTY

X certainly have been cheated by A ,

though in Maharashtra , whether Adivasi Land can be transferred to NON- ADIVASI

PL GET ANSWER

IF CAN BE TRANSFERRED , THEN HE WAS KEPT IN DARK

"A" IS GUILTY

IF CANNOT BE TRANSFEWRRED , X HAS NO CASE

IGNORANCE OF LAW IS NOT AN EXCUSE

"C" , IF PRESENT ON BOTH OCCASSIONS IS IN A SOUP

If only on FIRST OCCASSION , NOT GUILTY

Any other clarification required ,

PL ELABORATE

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dr g balakrishnan (advocate/counsel supreme court) 05 September 2012

see first if Affidavit is in Maharashtra the affidavit should bo on rs.500 non judicial stamp paper if the transaction is is recent origin.

did you pay any money for your agreement wich is just an irregular MOU. So there is no fraud if there is no cash or money trasaction, as your note is not clear on money part.

this is a pecuniary contract so money need to be clearly mentioned if given to seller.

if Adhivasi land under Adhivasi Act if applicable in Maharashtra then how that Adivasi can sell to a Non adivasi pls.

so things are not clear in your submissions pls. sorry no advice is possible

regds

Adv Dr. G.Balakrishnan

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