Sc st land purchase by obc mp dist narmdapuram Sc st land purchase by obc mp dist narmdapuram

1 week ago

to purchase sc st land caste mawasi in madhyapradesh narmadapuram india by
a obc what is the complete procedure.

Kishan Dutt Kalaskar

Responded 1 week ago

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A.Dear Sir,
Please consult local lawyer who is expert in local laws. In general it is not wise to purchase the lands from ST/SC because there are so many laws in their favour.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 1 week ago

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A.Dear Client,

Section 42 of the SC/ST Act, 1989 prohibits the sale of SC/ST land without approval to protect their interests. However, non-SC/ST individuals can acquire such land with permission from the DM or collector, though it involves a lengthy process. SC/ST individuals can buy land from non-tribal persons but cannot sell to them. The Supreme Court has ruled that SC/ST land cannot be purchased by non-SC/ST individuals or entities, except for land bought independently by SC/ST individuals.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 week ago

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A.Dear Client,
Section 42 of the SC, ST Act, 1989 prohibits the sale of SC land without approval. This law was enacted to protect the interests of the SC/ST tribe. However, you can acquire SC/ST land by obtaining permission from the DM or the collector. If you are from the general caste, you would have to go through a lengthy procedure to obtain SC/ST land. A tribal(SC/ST) can purchase land from a non-tribal person but he/she can not sell the property to a non-tribal person. The Hon'ble Supreme Court rules that land belonging to the SC/ST class can't be purchased by non-SC/ST( General Class/OBC class including companies, society, and corporations. It's unconstitutional and illegal. The ruling by the Supreme Court in this regard is only for the government-granted land and not for the land bought by persons belonging to the SC/ST community on their own hence there should not be any problem to purchase if that is confirmed. However, you should consult with a local Advocate or visit the office of the DM/Collector concerned for more clarification in this regard before confirming the deal.
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