A.
Dear Client,
Section 42 of the SC/ST Act, 1989, prohibits the sale of SC/ST land/property without the approval of the competent authority, i.e, DM/Collector. 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. However, the ruling passed 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. The plots alloted through auction by the Ghaziabad Development Authority(GDA) to the allotees for construction of house are freehold plots, allotees get freehold rights in the plots, subject to prevailing master plan rules prescribed by GDA at the time of disposal of the property by the allottees. Ensure all necessary documents are properly executed and submitted to the GDA to avoid any delays or complications in the transfer process. It is always recommended to consult with an experienced property lawyer or or a real estate professional for tailored advice and steps to navigate the matter effectively.
Posted On 10-Jul-2025
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