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SC ST land aggreement to purchase
I have done one aggreement with a SC person for acquiring land but now he is neither ready to sell the plot nor he is ready to return the amount of aggreement I had paid 3 years back.
( Sultanpur, Uttar Pradesh )
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A.
Dear Client,
In India, land transactions involving Scheduled Castes (SC) and Scheduled Tribes (ST) are subject to certain restrictions under state laws to protect their land rights.
However, in your case as you have executed an agreement and also paid some amount but now he is not ready to transfer the land or return back the money so you can send a Legal Notice demanding either (i) Execution of sale , or (ii) Refund of the advance amount with interest.
You can also file a money recovery suit under the Indian Contract Act for breach of agreement.
Consult an Advocate for the legal procedure.
Note that the limitation period that you usually have 3 years from the date of breach or denial of performance to file a suit
In India, land transactions involving Scheduled Castes (SC) and Scheduled Tribes (ST) are subject to certain restrictions under state laws to protect their land rights.
However, in your case as you have executed an agreement and also paid some amount but now he is not ready to transfer the land or return back the money so you can send a Legal Notice demanding either (i) Execution of sale , or (ii) Refund of the advance amount with interest.
You can also file a money recovery suit under the Indian Contract Act for breach of agreement.
Consult an Advocate for the legal procedure.
Note that the limitation period that you usually have 3 years from the date of breach or denial of performance to file a suit
A.
Dear Client,
Section 42 of the SC, ST Act, 1989, prohibits the sale of SC/ST land without the approval of the competent authority. This law was enacted to protect the interests of the SC/ST tribe. However, one can acquire SC/ST land by obtaining permission from the DM or the Collector concerned. When one is from the general caste, he/she would have to go through a lengthy procedure to obtain SC/ST land. A tribal(SC/ST) can purchase land from a non-tribal person, but he/she can not sell the property to a non-tribal person. The Hon'ble Supreme Court rules that land belonging to the SC/ST class can't be purchased by non-SC/ST( General Class/OBC class, including companies, societies, and corporations). It's unconstitutional and illegal. The ruling by the Supreme Court in this regard is only for the government-granted land and not for the land bought by persons belonging to the SC/ST community on their own. However, you should consult with a local Advocate or visit the office of the DM/Collector concerned for more clarification in this regard.
Section 42 of the SC, ST Act, 1989, prohibits the sale of SC/ST land without the approval of the competent authority. This law was enacted to protect the interests of the SC/ST tribe. However, one can acquire SC/ST land by obtaining permission from the DM or the Collector concerned. When one is from the general caste, he/she would have to go through a lengthy procedure to obtain SC/ST land. A tribal(SC/ST) can purchase land from a non-tribal person, but he/she can not sell the property to a non-tribal person. The Hon'ble Supreme Court rules that land belonging to the SC/ST class can't be purchased by non-SC/ST( General Class/OBC class, including companies, societies, and corporations). It's unconstitutional and illegal. The ruling by the Supreme Court in this regard is only for the government-granted land and not for the land bought by persons belonging to the SC/ST community on their own. However, you should consult with a local Advocate or visit the office of the DM/Collector concerned for more clarification in this regard.
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