Title Diligence
2 articles
Allahabad High Court: A Scheduled Tribe Land Sale Can Fail Because of the Buyer's Lost Tribal Status, Not Just the Seller's
Deciding nine connected writ petitions arising from land purchases made between 2012 and 2016 in Sonbhadra district, the Allahabad High Court has held that a statutory restriction on transferring Scheduled Tribe land to non-tribal buyers is not satisfied merely because the purchaser was born into the tribe and holds a caste certificate — she must also show she retained her tribal identity on the date of each purchase, and a prolonged, undisclosed change of religious and social identity can defeat that claim even years after the sale deeds were registered.
13 min readGujarat High Court: Calling a Power of Attorney 'Irrevocable' Does Not Make It So
Deciding two second appeals arising from a thirty-year dispute over agricultural land near Gandhinagar, the Gujarat High Court has reaffirmed that an 'irrevocable' power of attorney is irrevocable only if it is coupled with an interest in the property under Section 202 of the Indian Contract Act — and that a sale deed executed by an agent after valid cancellation conveys no title at all, however registered it later becomes.
14 min read