Buying a land with one of the transaction history from SC Buying a land with one of the transaction history from SC

1 month ago

Hello All, there is a land in Karnataka with first party belonging to general category. But this was purchased by a person belonging to SC in the year 1930. I had checked this detail in original Form 5 and 6. There is no copy of sale deed for this transaction. This person has passed away but his wife, sons and daughters have sold it to another person belonging to non SC. I have the copy of this sale deed.

I am purchasing land for the first time. Is it safe and legal to purchase this land?

Anik

Responded 1 month ago

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A.Dear Client,

Section 42 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act prohibits the sale of land belonging to SC/ST individuals without approval in the State of Karnataka. This law is in place to safeguard the interests of the SC/ST communities. However, it is possible for a person from the general category to acquire SC/ST land by obtaining authorization from the District Magistrate (DM) or the collector. In such cases, a direct purchase without proper approval is not permitted. Instead, the individual must seek permission from the relevant authority, which is typically the DM or the collector, to acquire land belonging to SC/ST categories. This process ensures compliance with the legal provisions and respects the protective measures in place for the rights and interests of SC/ST communities.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 month ago

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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 get permission from the relevant authority(DM/Collector) to buy such lands.
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Vidhi Samaadhaan Vidhi Samaadhaan

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