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Can a general person purchase a residential land of scheduled caste? 

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

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Question: Can a general person purchase a residential land of scheduled caste? Dr XXX had sold a plot to Schedule Caste (SC). The land use is ‘Residential’. Can any person belonging to ‘General’ category purchase the same plot from SC without the permission of DM and district authorities. What will be future consequences (in case) SCST reclaims his right on the said plot given the today’s prevailing laws.

Asked from: Uttar Pradesh

The scheduled caste khatedar can sell his residential land (Abadi bhumi) to anyone without prior permission of the Collector/District Magistrate. Therefore, you can purchase this abadi land from the SC khatedar. The restriction about the transfer of scheduled caste land is limited to the agricultural or cultivable land.

This rule has been made with the view to protect the land vested in the SC tenure holder who have been landless from the advent of zamindari system. When such a restriction has not been applicable in your case then you, a general person, can purchase a residential land of scheduled caste.

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shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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