Q: My lawyer is saying- since the property is an SC/ST Land, the builder should provide a document which proves that the land has never been granted by Government. But they are not co-operating in this regard. Does anyone verified on this aspect?
If the property is a goverment granted SC/ST Land then it cannot be sold without prior approval from Government authorities. And no such document is there. If we purchase this then in future we might face issues as per PTCL Act, 1978. Please check and respond.
i am having doubts under same case. i am purchasing a property from ST caste individual. its a second sale as he brought it before from a builder. should i proceed without NOC from the seller? or go for booking directly
Mr.Enjoying, Even I got verified with my Lawyer yesterday after seeing your comments, he said clearly this is not the land granted by Government. He confirmed us to proceed with our bookings.
Mr Enjoying I have got this verified with my lawyer. This particular land is a general property. As its not mentioned anywhere in the document that its an Sc/St land and nor it's a government grant. The title flows perfectly from the year 1948. The PTCL act came into effect in 1978 and the builder as clearly furnished a government document where in its mentioned that there as been no PTCL cases filed till date. Which again explains that it's not a Sc/St property. The builder is very helpful as prior to this I have purchased many flats from other builders so with those experiences I'm telling this.
Did you happen to get more information on this aspect? I am presently interested in this project but want to be sure that there are no hassles afterwards.
Hi Mr Enjoying, i am planing to book in pariwar pendant. Did you get the clearance, are you suggest me buy or not. Please help me to move forward. -Thanks, Moon
Hi.. in almost all states, there is a restriction on transfer of immovable property of SC/ST to non-SC/ST persons, but such restriction is not absolute. The intending seller can obtain permission prior to sell if there is resctriction. So please consult a lawyer for further help.
The Supreme Court in a recent order has declared that the land belonging to scheduled castes (SCs) or tribes (STs) cannot be bought by non-dalits, including companies as such transactions are unconstitutional.