Sale of Land - Legal questions
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.
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-
Book a phone consultation with a top-rated lawyer on Lawfarm.