Response

The law as in stands do not permit the transfer of land from tribal area to non residents much less to non tribals. Hence there is an absolute embargo on the transfer of land from tribals to outsiders.
Given the law as it exist under Section 162(2)(3) of the Assam Land and Revenue Regulation, 1886(ALRR), it is not wise to undertake the sell or for that matter any kind of transfer except those financial institutes which are allowed to only take land on mortage and that too with the prior sanction of the government.

The guwahati high court in the case of Ranjeev Goswami. -versus- State of Assam and others held that although the govt officers in a delinquent manner granted approval for such transfer aganist the provision of law and also other govt circulars which specifically prohibits them from according saction to such transfer yet for court did not allow the transfer and only asked the state to initiate disciplinary action aginst the erring officers while also asking the state to process full refund of the land but not anything more.

Hence it should be very clear that the courts are very reluctant to provide any relief by granting the transfer no matter even if the state official accord saction in an irregular or in a negligent manner.

Therefore such a transaction is highly risky and is ought to be avoided.

Reference: Section 162(2)(3) of the Assam Land and Revenue Regulation, 1886(ALRR),
provisions of the Assam Alienation of Land (Regulation) Rules, 1980.
The above provisions declare that a person not resident of tribal belt/block is not permitted to purchase a land and all such purchase is held to be void and no registration for purchase or transfer should be permitted
Case Law – Ranjeev Goswami. -versus- State of Assam and others.
Dinanath Brahma v. Baleswar Shah

202100196202100061874

LAWAYZ-2023-605