Regarding ptcl act
5 years ago
Hii..I purchased an agriculture land of 8 acres in the year 2000 from the person belongs to upper caste.but he purchased the land from lower caste person in the year 1990.the land was granted by the government in the year 1942.now the family members of lower caste person try to file a case under ptcl act to claim the land..is it possible?
VIMAL K MISHRA
Responded 5 years ago
A.Content Vidhikarya team to find legal professional for your matter.
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A.Not RTC Government grant certificate or your registration from the seller is title document.
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ROBERT D ROZARIO
Responded 5 years ago
A.Why did you purchase the land which belong to SC/ST or santhal. He is right to claim back his property as he the rightful owner of the property. You have no recourse under the law for the property. However, you can file a civil suit for recovery of your money from your Vendor (Upper Caste Seller) and entitled to damages, who had misrepresented and misguided you for the purchase.
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A.High Court will outright reject your case if you approach it. Declaration suits are not filed in high Courts, at least in India as far as I know. Forget the wrong advice, In some circumstances your land may be saved, which I am not inclined to discuss here. If your case comes under that I can save it.
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Deepak Yashwantrao Bade
Responded 5 years ago
A.There is one legal Maxim apply on your case that is " Ignorance of law is not an excuse” PTCL ACT (the Karnataka scheduled caste and scheduled tribes (prohibition of transfer of certain land) Act, 1978 is itself said that their alloted land are not for sale. But some person sale and some person buying that type of land without knowledge of applied law. They can claim on your land after sale. Better way to approach hon'ble high court for declaration of title stating with real fact and fact in issues.
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