CNT act property CNT act property

1 month ago

After 22 year of purchase, now i found that my property comes under CNT Act because its khatiyan is in the name of Hazam(obc). I Also belong to obc category but not comes under CNT list account to Jharkhand.
I applied for Land possession certificate to Circle officer for loan purpose.
I have all tax receipt updated till today purchased in 2004.
I want to know that what can i do now ? Does my property is illegal? Or i lose my property?

Anik

Responded 1 month ago

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A.Dear Client,

The Chota Nagpur Tenancy (CNT) Act, 1908, is a legislation designed to safeguard the land rights of the tribal population in Jharkhand. Notably, it restricts the transfer of land to non-tribals within the areas of its jurisdiction. Section 46 of the CNT Act governs the purchase of tribal land, allowing tribal-to-tribal land transfers with the prior permission of the Deputy Commissioner. However, Section 71A empowers the Deputy Commissioner to evict a non-tribal transferee (purchaser) from such land if the transfer is found to be in contravention of the Act's provisions.

Additionally, it is important to highlight that tribal individuals can purchase land from non-tribals, but they are prohibited from selling the acquired property to non-tribals. The Supreme Court has ruled that land belonging to the Scheduled Castes (SC) and Scheduled Tribes (ST) cannot be purchased by non-SC/ST individuals, including those from the general class, Other Backward Classes (OBC), companies, societies, and corporations. This legal provision aims to preserve the land rights of the marginalized communities and prevent their exploitation by non-tribal entities.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 month ago

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A.Dear Client,
The Chota Nagpur Tenancy -CNT Act, 1908, is a land rights statute that was enacted to protect the land rights of Jharkhand's tribal population. The CNT Act is notable for prohibiting the transfer of land to non-tribals. The Act bars the acquisition of tribal land by non-tribal people within their areas of Jurisdiction. Section 46 of the CNT Act, regulates the purchase of tribal land. It allows tribal-to-tribal land transfer with the prior permission of the Deputy Commissioner. Section 71A of the CNT Act authorizes the Deputy Commissioner to evict the transferee(non-tribal Purchaser) from such land and to restore possession to the raiyat if the transfer is being effected in contravention of Section 46 or any other provision of the CNT Act. A tribal can purchase land from a non-tribal person but he can not sell the property to a non-tribal person. Supreme Court rules that land belonging to SC/ST class can't be purchased by non-SC/ST( General Class/OBC class including company, society and corporations. You may consult the matter with a local Lawyer for further guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 1 month ago

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A.Dear Sir,
You may contact local advocate practicing in real estate and accordingly take standard legal advise from him.
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