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Ashish Gupta   20 April 2021

purchased plot

I have purchased a plot from farmer, at the time of purchase he say he is general candidate so registration has been done in same manner. during possession he is stating I am sc candidate. please suggest how to move forward


Learning

 7 Replies

Sankaranarayanan (Advocate)     20 April 2021

the land  allotted under SC  Category can not be sold or purchased .Seeking the advise from local advocate and act 

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     20 April 2021

If you verify the documents of his ownership,  you shall come to know how he acquired the property ie. by Government allotment based on his being SC or he purchased it on his own. In the first case, you cannot purchase the land. If it is the latter case, you need to search how the property changed hands at least in the last 13 years duly obtaining an Encumbrance Certificate also from the Registrar besides the copies of all the previous documents of title to the property for the last 13 years. Once you are satisfied with his title to the property ie. purchased by him with his own money and 13 years clean record, you can take a call to take or not to take.

Pradipta Nath (Advocate)     20 April 2021

Please do proper searching. If the land is Government allotted to a SC, better to ask for return and compensation from the seller. 

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     20 April 2021

1.  It is a prosecutable offence to buy any agricultural land that originally was allotted to a SC /ST category person.

2. Immovable Property should be purchased ONLY AFTER getting a proper "Search Report" duly prepared by a Property Lawyer.

Keep Smiling .... Hemant Agarwal 
VISIT:  www.chshelpforum.com

Isaac Gabriel (Advocate)     20 April 2021

Encumbrance certificate will show the history of the land.33years EC is must . Try for it before getting panic.

Dr J C Vashista (Advocate)     21 April 2021

Get title of the property searched through a local prudent lawyer for non-encumbrance and marketability.

The land allotted to SC can not be sold and may not be purchased.

P. Venu (Advocate)     21 April 2021

Any suggestion is related to the tenure of the land as well the title of the seller. It is not the proposition of law that in each every case, the it is impermissible for a non SC/ST person to purchase property from a SC/ST person. Please note that Land and Land Revenue is a State subject and each State has laid down its own norms.


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