Anonymous
Asked February 20, 2017

Sale of Land - Legal questions

  • 1 Answer
  • 335 Views

My grandfather sold off a land 10 years back, which was given to us by government solely for industrial purpose to schedule caste people and is non transferable. The buyer has tried his best to get the land in his name but could not do so. The only document of proof is 100 rs stamp paper. Now he has agreed to give it back to us but at current marke price. Where as we are offering him the same money he bought the land with 10 yearback, even though technically its still in the name of my grandfather. What are the legalities of this scenario.

Answer 1

The Supreme Court of India , in the case of  State of Rajasthan & Others v. Aanjaney Organic Herbal Pvt. Ltd., CIVIL APPEAL NO. 6743 OF 2012, stated that land belonging to SC/ST cannot be sold to non SC/STs and it includes companies and other private companies. Such a deal is “void ab initio” , i.e. illegal and will not be considered to be a legal transaction. Thus, in your situation  it is a case of “adverse possession”, i.e. somebody taking over property that legally belongs to you. However, under Sections 64 and 65 of the Indian Limitation Act, 1963, such a claim has to be filed in a court of law within 12 years of being disposed of such property.

 

Thus, you are advised to do the following-

  • Send a legal notice to the industrialist in question and cite the aforementioned case of State of Rajasthan & Others v. Aanjaney Organic Herbal Pvt. Ltd.,  and state that land belonging to SC/ST cannot be sold to non SC/STs and any such transaction is illegal- thus seeking possession of the property within a designated time- 2 weeks to a month. You could take the help of a lawyer in drafting and sending the notice.
  • If the industrialist fails to restore property, urgently approach the court as 10 years have already passed by since you sold the land to this person and under Indian Limitation Act, you have only 2 more years to stake claim to it in a court of law.
  • Agree Comment 0 Agrees over 3 years ago
    • Default avatar
      Anonymous
      thanksanks sir. Helpful info. Now what if the 12 year period is passed OR there is no proof of buying and selling. The third person (he is a local businessman) refuses to shows the "document" my grand father signed and we dont have any photocopy either, so we are not really certain about the time passed. thanks in advance
      Agree 0 Agrees over 3 years ago


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