SC category land sale in karnataka state
9 months ago
A land in the Karnataka state which belongs to the SC category and the land was given by the govt, before 20 years back, is daughter/granddaughter / or son/grandson has any legal rights to claim this property or can be sold to the general category with DM permission pls advise.
A.Dear Client,
Section 42 (SC, ST Act) prohibits the sale of SC/ST land without approval in the State of Karnataka. This law was enacted to protect the interests of the SC/ST tribe. However, you can acquire SC/ST land by obtaining authorization from the DM or the collector. A general category person can't buy land belonging to SC / ST category through direct purchase. He has to take permission from the relevant authority(DM/Collector) for buying such lands. Properties that one acquires by way of a gift or through the execution of a will, do not qualify as ancestral properties. The daughter/granddaughter / or son/grandson has no legal rights to claim the share in the said property. It may also be noted that through a gift deed, a father can give this self-acquired property to a third party in his lifetime. You may consult the matter with an Advocate for further clarification.
Section 42 (SC, ST Act) prohibits the sale of SC/ST land without approval in the State of Karnataka. This law was enacted to protect the interests of the SC/ST tribe. However, you can acquire SC/ST land by obtaining authorization from the DM or the collector. A general category person can't buy land belonging to SC / ST category through direct purchase. He has to take permission from the relevant authority(DM/Collector) for buying such lands. Properties that one acquires by way of a gift or through the execution of a will, do not qualify as ancestral properties. The daughter/granddaughter / or son/grandson has no legal rights to claim the share in the said property. It may also be noted that through a gift deed, a father can give this self-acquired property to a third party in his lifetime. You may consult the matter with an Advocate for further clarification.
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A.Dear client,
Yes, the legal heirs do have a right over the property. It is illegal to take over any land that is owned or controlled by, or allotted to any SC/ST member as well as forcing an SC/ST member to leave
Yes, the legal heirs do have a right over the property. It is illegal to take over any land that is owned or controlled by, or allotted to any SC/ST member as well as forcing an SC/ST member to leave
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