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Requirement for sale of flat by ST to General caste
11-Aug-2023 (In Property Law)
Whether permission required to sale flat by a scheduled tribe to general caste?
The land belonging to scheduled castes or tribes cannot be bought by non-dalits, including companies as such transactions are unconstitutional. Section 42 (SC, ST Act) provides some general restrictions on sale, gift and bequest of the interest of Scheduled Caste and Scheduled Tribe, in the whole or part of their holding. "The reason for such general restrictions is not only to safeguard the interest of the members of Scheduled Caste and Scheduled Tribe, but also to see that they are not being exploited by the members of non-Scheduled Caste and Scheduled Tribes. Previous Permission of the District Collector/ Magistrate is required for Sale of land belonging to a Schedule Caste/Schedule Tribe to a General caste person. Apparently, there is embargo on the sale of land of a person from SC/ST community but the same should not be applicable to flats purchased by him. Hence if you get a buyer and consideration is settled, receive at least 25% of the total amount and make a sale agreement. In the agreement do mention the time limit within which the buyer will have to complete the sale on payment of balance money. Before finally signing on the sale deed receive the balance money. To check the sale agreement and sale deed take assistance of a lawyer. All the best. Regards.
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Adv. Ujjal Kumar Ray
Kolkata | 200+ Answers
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Can grant land be sold?
Can land granted to a tribe be sold? Karnataka Scheduled Caste and Scheduled Tribes Act 1978 prohibits selling granted land. The owner may proceed with the sale if he/she has the governments permission. 31-Jan-2022
Is it possible to sell land to government?
You can sell your land directly to a government agency by either offering it at a public sale or by negotiating with them.
What is SC land?
The purpose of grant lands is to allow grantees to earn their living1. The Karnataka Scheduled Castes and Scheduled Tribes Act, 1978, (Act), is a social welfare law that aims to protect grantees economic interests and regulates the transfer of land granted to them.
How can I sell SC land without permission in Odisha?
This law was created to prevent people from being manipulated into selling their property for a low-price or grabbing their land. Section 42 of the SC,ST Act prohibits you from selling sc property without permission. This law was created to protect the interests of the SC/ST Tribe.
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