How to get kul kayda property from government

Dwelsten (Querist) 10 April 2025 This query is : Resolved
We have old 7/12 papers showing name of my Granny as per Kul Kayda law, but from 2019 Maharashtra Shashan name is reflecting on the 7/12.
How do we claim this land?
Please share a details process and step by step guide to get the land back.

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Quick Summary

This discussion addresses how to reclaim ancestral land registered under the Kul Kayda law, where the government (Maharashtra Shashan) is now listed on the 7/12 papers. The original property was acquired as tenants. Key advice includes obtaining mutation orders to understand why the government's name was added and consulting with a local advocate. While the Kul Kayda Act protects tenant rights, Section 43 restricts land transfer without the Collector's approval. The current possession status of the land is crucial for the recovery process.

T. Kalaiselvan, Advocate (Expert) 11 April 2025
What about title to the property?
How did your grandmother acquire this property, was it by a sale deed or just like that by taking illegal possession?
You may better consult an advocate in the local and seek his advice on the basis of relevant property papers in your possession.

P. Venu (Expert) 11 April 2025
Firs of all get a copy of the order for mutation and ascertain the ground for showing the State of Maharashtra as the occupant.

kavksatyanarayana (Expert) 11 April 2025
The Kul Kayda Act, also known as the Maharashtra Tenancy and Agricultural Act, 1948, was implemented to protect the rights of the tenant and reform existing agricultural land law. Under section 43 of this Act, any land acquired by a tenant shall not be sold or transferred without the prior approval of the Collector.

Dwelsten (Querist) 12 April 2025
We got the property as tenants from the original owner. As the original owner individual can't hold more than 54 acres as per Maharashtra law, few of his properties have been taken back (Adhik land) by Maharashtra Government. My Granny's name clearly states on the old 7/12 that we have. Any advise or Lawyer from Mumbai who can connect and guide on the matter

P. Venu (Expert) 12 April 2025
Who is in possession/occupation of the land?

T. Kalaiselvan, Advocate (Expert) 15 April 2025
Without perusing the property related papers any further opinion would be misguidance

Dr. J C Vashista (Expert) 15 April 2025
Various legal issues are involved in your query, it is better to consult and engage a local prudent lawyer for proper appreciation of facts/ documents and professional guidance.

P. Venu (Expert) 15 April 2025
"My Granny's name clearly states on the old 7/12 that we have"

If your granny's name has been deleted, there would be a corresponding mutation order. As already advised, get a copy of the same and proceed accordingly.

The remedy may not be much hassles if you continue to be in possession/occupation.

Dwelsten (Querist) 16 April 2025
Who is in possession/occupation of the land? - Currently the land stands unattended by anyone & is kept without any ownership on it. The said property is right next to our legally owned property.
Can anyone recommend any good lawyer from Mumbai to assist me on this matter.

T. Kalaiselvan, Advocate (Expert) 25 May 2025
We cannot recommend any lawyer, you may choose a lawyer hailing from Mumbai from this website or you can visit the local bar association and find one suting to your requirement and engage the chosen lawyer on ther terms of the chosen lawyer.

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