The land has been sold to you by a general category person. A chain of title should be obtained by you if you wish to find out the persons who sold the property. Cnversion into non agricultural property does not mean that it can be sold without the necessary approvals.
Section 143 land from non SC/ST
1. I am interested to buy a plot which is converted under 143 from a general non SC/ST person 2. It was once belonged to SC/ST, who converted it 143 and sold. Does converting land usage to 143, automatically allow sc/st to sell the land to anyone, or provision or selling the 143 land remain same as for agriculture land I.e approval from Government officials and under specified conditions of law? If it is not permissible, does this mean even if I am buying from Non sc/st the title actually is defective.
Asked 2 months ago in Property Law
Religion: Hindu
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5 Answers
Once land has been converted under Section 143, it can be sold to anyone, regardless of their caste or community.
A person from the Scheduled Castes cannot sell land to people from other backward classes (OBC) or those from the General category without permission from the District Magistrate.
Prior to 2016, under Section 157-A of the Zamindari Abolition Act, a person of Scheduled Caste had no right to transfer their land by sale, gift, mortgage or lease to a person other than non-Scheduled Caste except with the prior approval of the Collector.
The Uttar Pradesh Zamindari Abolition and Land Reforms Act, Section 143, serves a specific purpose. This gives the SDM/Assistant Collector of a region the authority to convert the kind and character of any land in the region from agriculture to residential.
Thus the conversion of SC ST agricultural land to non agricultural will not entitle the land owner to sell the property to non SC ST member without the permission of the district magistrate/collector hence the land purchased by the non SC person without the permission of the district collector is in valid and it can be termed as a defective title
Dear client,
Section 143 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, allows for the conversion of agricultural land to residential or industrial use. This conversion is authorized by the Sub-Divisional Magistrate (SDM) or Assistant Collector.
However, the conversion of land under Section 143 does not automatically change the restrictions on the sale of land originally owned by SC/ST individuals. The sale of such land still requires approval from government officials and must comply with specific conditions set by law. If these conditions are not met, the sale could be considered invalid, and the title might be defective.
Given your situation, it would be wise to consult with a legal expert to ensure that all necessary approvals were obtained and that the title is clear before proceeding with the purchase. This will help you avoid any potential legal issues in the future.
Thank you. Should you require any further clarification, please do not hesitate to contact us
Dear Client,
Assuming that you are referring to Section 143 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, which allows for the conversion of agricultural land to non-agricultural use, Once the land is converted under Section 143, the ownership and transfer of the land are governed by the general provisions applicable to non-agricultural land. This means that the land can be sold to anyone, including non-SC/ST individuals, if it has been legally converted and is no longer subject to the restrictions that apply to agricultural land. For selling converted land, the requirements are generally the same as for non-agricultural land. The seller must ensure that all legal formalities are adhered to, including obtaining any necessary approvals from local authorities or government officials. If you are buying land that has been converted under Section 143 and is now in the possession of a non-SC/ST individual ensure that the conversion was done legally and all requisite approvals and formalities were followed. Conduct a thorough due diligence process, including checking the land records, title deeds, and any potential encumbrances. Consulting with a legal expert or property lawyer is advisable to confirm that the title is clear and there are no legal issues or defects. Should you require any further clarification, please do not hesitate to contact us.
Dear Client,
Assuming that you are referring to Section 143 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, which allows for the conversion of agricultural land to non-agricultural use, Once the land is converted under Section 143, the ownership and transfer of the land are governed by the general provisions applicable to non-agricultural land. This means that the land can be sold to anyone, including non-SC/ST individuals, if it has been legally converted and is no longer subject to the restrictions that apply to agricultural land. For selling converted land, the requirements are generally the same as for non-agricultural land. The seller must ensure that all legal formalities are adhered to, including obtaining any necessary approvals from local authorities or government officials. If you are buying land that has been converted under Section 143 and is now in the possession of a non-SC/ST individual ensure that the conversion was done legally and all requisite approvals and formalities were followed. Conduct a thorough due diligence process, including checking the land records, title deeds, and any potential encumbrances. Consulting with a legal expert or property lawyer is advisable to confirm that the title is clear and there are no legal issues or defects. Should you require any further clarification, please do not hesitate to contact us.
- Section 143 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, gives the SDM/Assistant Collector of a region the authority to convert the kind and character of any land in the region from agriculture to residential.
- Further, as per law, a person from the Scheduled Castes cannot sell land to people from the General category without permission from the District Magistrate.
- Hence, if the permission was obtained from the DM then the said was valid to the general category person
- You should check the status of the land whether it was earlier sold after taking permission or not.
