Native Title - Jurisdictions Rejecting The Doctrine - India

India

Unlike most jurisdictions, the doctrine that aboriginal title is inalienable never took hold in India, and sales from indigenous persons to both British subjects and aliens were widely upheld. The Pratt-Yorke opinion (1757), a joint opinion of England's Attorney-General and Solicitor-General, declared that land purchases by the British East India Company from the Princely states were valid even without a crown patent authorizing the purchase.

In a 1924 appeal from India, the Privy Council issued an opinion that largely corresponded to the Continuity Doctrine: Vaje Singji Jorava Ssingji v Secretary of State for India. This line of reasoning was adopted by the Supreme Court of India in a line of decisions, originating with the proprietary claims of the former rulers of the Princely states, as well as their heirs and assigns. Adivasi land rights litigation has yielded little effect, and most Adivasi live in state-owned forests.

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