Kul kayida law

pritej bendke (Querist) 17 August 2024 This query is : Resolved
What if the landowner is dead...can kul justify that he was kul n he had some deal with the Dead owner before the death ?? Five years minimum cultivation on Slope of the mountain. Where without Ploughing how can Kul justify that he is our kul n he did Farming .... ?? Slope of mountain without Patches to restore water on land .

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Kul Kayda, a provision under the Bombay Tenancy and Agricultural Act 1948, protects tenants. It generally prevents tenants from selling or transferring land without the Collector's approval. The law deems individuals lawfully cultivating land as tenants, with 'Tiller's Day' (April 1, 1957) marking a point where many cultivating tenants were considered to have purchased the land. Checking 7/12 extracts can reveal if a property is subject to Kul Kayda, indicating ancestral leasing of land.

kavksatyanarayana (Expert) 18 August 2024
Your query is not clear. To my understanding, the tenant cannot sell or transfer the land under the Kul Kayda law.

T. Kalaiselvan, Advocate (Expert) 19 August 2024
Kul Kayada is a provision of protection given to the tenants of the land under the Bombay Tenancy and Agricultural Act 1948. U/s 43 of the said Act any land acquired by a tenant shall not be entitled to be sold, transferred without the prior approval of the Collector.
Those persons who are lawfully cultivating the land of others are considered as a deemed tenant under the act. The said act declared 1 April 1957 as a tillers day and persons who are tenant or cultivating the land of others on 1 April 1957 (tillers day)are deemed to have purchased land.
By going through the 7/12 extracts or the village land records, it is easy to find out the property details. In the 7/12 extracts, it is mentioned whether the property is affected by the kul kayada or your property was tenanted property. Tenanted property (kul Kayada) means your forefathers (ancestors) had leased /given the land to other persons to cultivate and in turn they were getting rent for it.

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