Inam agricultural land
Rupa
(Querist) 30 July 2013
This query is : Resolved
Dear Sir,
My grandfather who was a shanbagh in korategere taluk, tumkur district, karnataka had inam lands which was given to farmers to cultivate. one such land is with a tenant for 37 years and he is cultivating. however, we the grand children would like to reclaim the land as it is not registered to the cultivator. my dad told me that his brother had given away this land to the farmer at 2000. however, the farmer had paid only 1750 and said will pay the remaining and register later. but he did not and died. his grandson is cultivating the land now. his grandfather's name used to appear as cultivator in the pahani but not as owner. the latest paahani does not have his name and the land is alloted to us. however, the farmer's grandson is not ready to leave the land and is opposing and demanding money of 4 lakhs. pls advise does the law state that payment should be done to the farmer. Regards, Rupa
niranjan
(Expert) 30 July 2013
I am replying your querry on the basis of Gujarat Inam abolition Act,but I assume that provision would be identical. When land of inamdar is in possessionn of tenant,he becomes occupant of the land onpayment of assessment and such order is passed by the Mamlatdar Inam. Under Tenancy Act,such cultivators have right to purchase the land,cost of which is tobe decided by the Tenancy/Inam Mamlatdar. But in bothcases you will loose land.So make payment and get tenancy surrender deed regd.before Inam Mamlatdar.
Advocate Ravinder
(Expert) 30 July 2013
Unless I go through the documents, one cannot come to conclusion.
But as far as my expectation, the legal position is as follows.
For Agricultural lands "Tenancy & Agricultural Lands Act" will apply as per it, the tenant will have wide powers. The Govt from time to time introduce some sort of packages for the farmers (tenants) who are actually cultivating the land. As per the tenancy law, the tenant can claim 60% of land and the owner can claim only 40% of the land.
In view of the above, you have very low chances to win the case. Hence it is better to get compromised with the children of the tenant.
Note:- Here the meaning of tenant completely differs from Owner and tenant relating to Flats/Houses etc. Meaning of tenant relating to Agrl land is entirely different.
Rupa
(Querist) 01 August 2013
Many thanks to Niranjan Sir and Ravinder Sir for the replies.
Just to let you know, we have not filed a case because the grandson of the earlier tenant wanted to sort the matter outside of court. The latest pahani issued by the taluk office does not have his grandfather's name under the cultivator column. The grandson now wants 4 lakhs to vacate the propoerty and hand over the ownership to my father and his brother's wife who are the legal heirs. My question is why should we pay them when the government records indicate that my father is the owner of the land. is it possible to reclaim the ownership without ahving to pay him. Pls advise.
Rgds
Rupa
Advocate Ravinder
(Expert) 01 August 2013
The Act and formation of Revenue Records has been started somewhere in the years between 1950-1955. If the the name of tenant is not reflected from 1950-55 to untill date in the possession column of the pahany, you should not worry. There is no need to pay anything to the tenant. Then how they are demanding such huge sum of Rs. 4 lakhs.
There may be chances that your ancestors might have executed some sort of unregistered agreement or unregistered sale deed to the so called tenant. On the basis of that they might have claiming.
Ask them to show the xerox copies of the documents in their possession. After going through the same we can discuss about it.
Rupa
(Querist) 03 August 2013
Dear Ravinder Sir,
you have guessed it correctly. there was an unregistered agreement in the past but the tenant does not have it. however, we have a copy. The pahani till 2012 has the tenants grandfather's name under the cultivator column but the owners column has my fathers name. The DC or AC in the taluk office has given the orders that the land belongs to us and have removed the tenants name in the latest pahani this year. even after showing this record, the tenant is demanding 45 lakhs. pls advise.
Advocate Ravinder
(Expert) 03 August 2013
If the tenants name is reflected in the possession column till 2012 it is a big problem. Even though the collector removed his name, still the tenant has right on the land, because he had been in possession of long standing. He may approach the court at any time. And you said that there is one unregistered agreement. Over all it is my advice to compromise with them as the case is weak.
Rupa
(Querist) 13 August 2013
Many thanks Ravinder Sir. Will go as per your advise.
Regards
Rupa
