You will find many brokers who will promise you to sell SC land without permission. But as per my knowledge, you cannot sell SC land without permission if you belong to a general category. You need the prior permission of the government to sell SC land. If you fail to take permission you will be purchasing land against the law and the government can charge you a fine along with six months to five years of imprisonment. So, I would suggest you not purchase land from SC if you were wondering how to sell SC land without permission.Many people in rural areas do not get the facility to study or have proper education. To prevent them from falling into the trap of people manipulating them to sell the property at a low price or capture their lands the government has come up with this law. Under section 42 (SC,ST Act), you cannot sell sc land without permission. This law was introduced to safeguard the interest of the SC/ST tribe.Although you can purchase land by taking permission from the DM or the collector to purchase SC land. This is a hefty process and it takes a lot of time to purchase SC land if you are belonging to the general caste.I hope you know the answer on how to sell SC land without permission.
Hi,As a contractor, it is my responsibility to understand the latest updates on different land sale norms. I have seen people being worried about the SC ST land sale permission and some even fear dealing in lands owned by them. But I can assure you that there is absolutely nothing to be worried about. I recently read a judgement which very clearly explained the consequences of buying land from scheduled caste. I will explain the entire judgement to you to make you understand why there is absolutely no issue in buying or selling land to ST SC.Hire expert lawyers at NoBroker and get a consultation regarding land owned by minority communities at a reasonable budget.
Buying SC ST land
The decision was given in response to a recommendation made by a single judge bench on the subject of the status of such lands by a Full Bench made up of Justices Alok Aradhe, Sachin Shankar Magadum, and M. Nagaprasanna.According to the Bench's interpretation of the 1978 Act's and the KLR Act of 1964's provisions, the necessity of acquiring specific approval under Section 4(2) of the 1978 Act does not apply to diverted lands because the permission must only be obtained in respect of "granted land," and the land on conversion ceases to be "granted land" after conversion.The Bench clarified that when such individuals request the conversion of the aforementioned land under Section 95(2) of the KLR Act, 1964, it is assumed that the granted land is agricultural and that the SC or ST individual intends to use it for non-agricultural purposes.The bench further made it clear that the legislature's goal is to safeguard an allottee with regard to "given land." The aforementioned land loses its status as "granted land" and is no longer protected by Section 4(2) of the 1978 Act once such approval for conversion is conferred per Section 95(2) of the KLR Act, 1964, by the Deputy Commissioner.This is what you must know about SC ST land sale permission.Read More:Can A Christian Minority Purchase SC/ST Land?
From what I know, selling land in Scheduled Caste (SC) areas without permission may not be legally permissible and can have serious consequences. It is important to take SC/ST land sale permission and follow the legal procedures and obtain the necessary permissions from the appropriate authorities before selling land in SC areas. Violating these regulations can result in legal penalties and complications. Section 42 (SC, ST Act) prohibits the sale of sc land without approval. This law was enacted to protect the interests of the SC/ST tribe. However, you can acquire SC land by obtaining authorization from the DM or the collector or with sale permission for land Karnataka. If you are from the general caste, you would have to go through a lengthy procedure to obtain SC land.
SC/ST land sale permission in Karnataka
In Karnataka, the sale of land belonging to Scheduled Castes (SC) and Scheduled Tribes (ST) is regulated by various laws and provisions to safeguard the interests of these communities. Here are some key points regarding the sale of SC/ST land in Karnataka:
Karnataka Land Reforms Act, 1961: The Karnataka Land Reforms Act imposes certain restrictions on the transfer of agricultural land, including land held by SCs and STs, to non-SC/ST individuals. This is to prevent the alienation of land from marginalized communities.
Permission Requirement: If an SC/ST individual wishes to sell their land to a non-SC/ST person, they generally require permission from the concerned authorities.
Deputy Commissioner's Office: The Deputy Commissioner's office or the Revenue Department is typically responsible for granting permission for the sale of SC/ST land.
Purpose of Sale: The intended use of the land by the buyer may be taken into consideration during the permission process.
Conditions and Restrictions: The permission granted for the sale of SC/ST land may be subject to certain conditions and restrictions. These conditions are imposed to protect the rights and interests of SC/ST communities and prevent misuse of the land.
As far as I know, SC ST land purchase in Uttar Pradesh or the sale of land in Uttar Pradesh (UP), India, to individuals belonging to Scheduled Castes (SC) and Scheduled Tribes (ST) does not require special permission. However, it’s important to note that land transactions are subject to various laws and regulations, including those related to land acquisition, ownership, and transfer.
SC ST land sale permission in UP
But I must tell you that the sale of SC ST land is prohibited in Uttar Pradesh under Section 42 (SC, ST Act) without approval. This is done in order to protect the SC ST tribe. Having said that, you can still buy SC ST land if you get an authorisation from the collector or the DM.
SC ST land sale permission in Kannada
1978 ರ ಕರ್ನಾಟಕ ಎಸ್ಸಿ ಮತ್ತು ಎಸ್ಟಿಗಳ (ಕೆಲವು ಜಮೀನುಗಳ ವರ್ಗಾವಣೆ ನಿಷೇಧ) ಕಾಯಿದೆಯ ಸೆಕ್ಷನ್ 4(2) ರ ಪ್ರಕಾರ ಎಸ್ಸಿ ಮತ್ತು ಎಸ್ಟಿಗಳಿಗೆ ಕೆಲವು ಜಮೀನುಗಳನ್ನು ಹಸ್ತಾಂತರಿಸುವುದನ್ನು ನಿಷೇಧಿಸಿದೆ ಎಂದು ಕರ್ನಾಟಕ ಹೈಕೋರ್ಟು ವಿಶಾಲವಾದ ಶಾಖೆಗಳೊಂದಿಗೆ ತೀರ್ಪು ನೀಡಿತು. ಕರ್ನಾಟಕ ಭೂ ಕಂದಾಯ (KLR) ಕಾಯಿದೆ, 1964 ರ ಸೆಕ್ಷನ್ 95 ರ ಅಡಿಯಲ್ಲಿ "ಮನುದಾನಿತ ಜಮೀನುಗಳ" ತಿರುವುಗಳಿಗೆ ಅನ್ವಯಿಸುವುದಿಲ್ಲ.ಹೆಚ್ಚುವರಿಯಾಗಿ, ಪರಿಶಿಷ್ಟ ಜಾತಿಗಳು ಮತ್ತು ಪರಿಶಿಷ್ಟ ಪಂಗಡಗಳ ಸದಸ್ಯರಿಗೆ ಮಂಜೂರು ಮಾಡಲಾದ ಭೂಮಿಯನ್ನು ಕೃಷಿ ಹೊರತುಪಡಿಸಿ ಬೇರೆ ಬಳಕೆಗಳಿಗೆ ತಿರುಗಿಸಿದಾಗ, 1978 ರ ಕಾಯಿದೆಯ ನಿಯಮಗಳ ಅಡಿಯಲ್ಲಿ ಅವರು ಇನ್ನು ಮುಂದೆ "ಮನುದಾನಿತ ಭೂಮಿ" ಎಂದು ಅರ್ಹತೆ ಪಡೆಯುವುದಿಲ್ಲ ಎಂದು ಅದು ಹೇಳಿದೆ.Read More:How to register a land granted by government to SC ST?Can A Christian Minority Purchase SC/ST Land?
Post
Question
How to sell SC land without permission?
Sunny Khamkar
✔In Progress
👁18873
Views
October 6, 2021
2021-10-06T14:37:38+00:00 2023-08-23T20:24:49+00:00Comment
4
Answers
Investment
Share