Land purchase from Scheduled caste belonging person
1 week ago
1. A land purchase transaction was to be done...land owner showed 7-12...first gave him token amount ₹20000.
Then he took Rs 1 lakh for purchase, registration fee...
He had taken the PAN card photo...
But, such a message was not received on the phone.. then I asked many times but he refused...
After a lot of searching we found out that the land is not in his name, the 7-12 shown to us were of different land... the man is a fraud...
1 Lakh 20 thousand has been paid by cheque, stamped on plain paper and signed by him.
Should we file a case of financial fraud in the police station to get that money back?
Or what is the legal way to get the money back?
2. The land is subject to The Maharashtra Tenancy And Agricultural Lands Act, 1948 (kulkayda)
Since the original owner left the village for 62 years, since then the land has been in the name of clan as other rights, 4 siblings as simple clan.
But the land still has the original owner's name.
So can we buy this land with the original owner's signature?
If it cannot be purchased with original owner's signature, what is the legal way?
You have the right and the responsibility to file a police complaint against the individual and ensure legal action is taken to recover the money owed. Prior to filing the complaint, it's advisable to send a formal legal notice through a lawyer. Regarding the purchase of SC/ST land, it's important to understand that such transactions require permission from the District Magistrate. Even if the original owner is deceased, their legal heirs can facilitate the transfer through proper legal channels after obtaining necessary permissions. Therefore, obtaining permission and adhering to legal procedures are essential steps to proceed with the transaction.
Please take opinion from local senior civil Advocate and see that whether there was any clog period within which such land was not supposed to sell.
Here are your answers.
1. Yes you can and you should lodge police complaint against that person and bring him to the books. Before you can lodge a police complaint you can send a legal notice through a lawyer to recover the money
2. As you would be knowing that SC/ST land can not be bought and sold in general manner and for that you need to take the permission of the District Magistrate. So, if you can obtain the permission then you can go ahead with the transaction. Even if the original owner is not there then his legal heirs should be able to do the transfer after following the proper legal procedure.
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