• Risk of buying house built on BDA property owned by SC/ST

House constructed on BDA plot and it was alloted to a SC/ST owner... around 40 years ago , owner has 7 kids and many grandchildren(mostly minors). 
please let us know the risks that we can anticipate before and after buying such property. Also please suggest what all precaution needs to be taken while buying such property.
Asked 3 years ago in Property Law
Religion: Hindu

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8 Answers

If the said plot is only sold to sc/st then buying the same for open caste is restricted. You need to take permission of court as far as minors are concerned. 

Prashant Nayak
Advocate, Mumbai
33133 Answers
215 Consultations

What were terms and conditions of allotment 

 

were any restrictions imposed on sale kindly clarify 

 

if allotment is made because he is SC/ST then permission of collector would be necessary for sale of plot 

Ajay Sethi
Advocate, Mumbai
97883 Answers
7939 Consultations

The BDA allotment letter has to be perused to check if there are any restrictions in sale/transfer of the property to persons other than a particular community. If there be any such restriction, other persons cannot buy it.

Swaminathan Neelakantan
Advocate, Coimbatore
2976 Answers
20 Consultations

If it was an assigned land i.e., allotted by government under welfare schemes, then the conditions may forbid the allottee from selling the property within a stipulated period as mentioned in the allotment letter.

However if the person belonging to SC community has bought the property out of his own funds, then it becomes his self acquired property by which, he can very well sell it to anyone without any restrictions. 

Therefore you collect the copies of the documents relevant to the property and produce it before a local experienced lawyer to get a legal opinion and proceed if recommended. 

T Kalaiselvan
Advocate, Vellore
88086 Answers
2379 Consultations

1.  You have to look into the lock-in period and other preferential clauses in the documents.

2.  One should also look into minor's rights, etc.

3.   Get the property papers vetted by any Lawyer before proceeding further.

Shashidhar S. Sastry
Advocate, Bangalore
5483 Answers
332 Consultations

1. Find out whether the said plot is earmarked to be allotted to SC/ST candidates only or it is open to be allotted to general public also.

 

2. If it is open for allotment to all, then you can buy the same maintaining other formalities provided the owner is alive.

 

3. If the owner has died intestate, then you can not buy the property which is now minor's property without the written approval of the local District Judge.

Krishna Kishore Ganguly
Advocate, Kolkata
27538 Answers
726 Consultations

- As per Section 42 of the SC, ST Act, there is restrictions on sale, gift and bequest of the interest of Scheduled Caste and Scheduled Tribe, in the whole or part of their holding, due to the reasons that they are not being exploited by the members of non-Scheduled Caste and Scheduled Tribe. 

- Further, a scheduled tribe land holder can only sell his land to schedule tribe person. if anyone buy a land from a scheduled tribe by hiding facts, then he can be behind the bar , and further government will return back the land to original land owner at anytime if he approaches authority.

-  Further, the Supreme Court has declared that land allotted to the nomadic tribes or members of the Scheduled Castes and Scheduled Tribes cannot be transferred or sold without prior permission from the government.

- Further, a minors property cannot be sell without a court order

- Hence, if you not fall under the SC/ST then not suggested to purchase that property. 

Mohammed Shahzad
Advocate, Delhi
14909 Answers
226 Consultations

Dear Client,

While buying ancestral property you should ensure whether it is with the permission of owner and co- owners. For safety you can ask for NOC of co- owners.

Thank You.

Anik Miu
Advocate, Bangalore
10500 Answers
121 Consultations

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