Agri land in konkan : one of the legal heirs has issued noticed to become tenant under kul kayada

pallavi (Querist) 20 November 2014 This query is : Resolved
Dear Sir/s
Request your views and opinion to take the case forward

There is ancestral land approx 20 acres of land in a remote village of sindhudurg district left behind by Mr. X.
Apprx 5 acres is come from his father and remaining 15 acres was purchased by him
“Mr. X” & his wife passed away before 1940
“Mr. X” left behind 4 Sons and 3 daughters. Son A, Son B, Son C & Son D. Daughter
“Son A”: 2 sons & 6 daughters
“Son B”: 2 sons & 8 daughters
“Son C”: 2 sons & 2 daughters
“Son D”: 1 son & 4 daughters
All children of “Mr. X” ie 3 daughters and 4 sons along with respective spouses are passed away. Wife of “Son D” died in April’13 @ 94.
One sons of “Son A” is resident of the same village and leaves in ancestral house. Other son is a residing in nearby village and works in a state government office. But he will be able to produce residential proof of ancestral village. (will call this son of “Son A” “Mr.E”)
Both sons of “Son B” are residing in the same ancestral village. One son works in state run school in the village.
“Mr. E” has served a notice to 5 children of “Son D” and “Son C”, etc thru Tehsildar u/s 70b to declare him a “Tenant” or “Kul” as per Bombay tenancy & agricultural act 1948.
People staying in ancestral village are cultivating the land and taking care there off.
Children on “Son C” & “Son D” occasionally visit the village
Request you on
1. Can “Mr. E” can become a “tenant” at all being a owner of the land & should he issue such notice
2. “Mr. E” is a family of children of D being a first cousin

regards,
Pallavi

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