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Protected Tenant BTAL Act

(Querist) 02 January 2011 This query is : Resolved 
Dear Members,

Few questions for which I need your valuable views -

Can a Tenant who has cultivated land for few years and discontinued cultivating it subsequently be declared as Protected Tenant ?

When is last day by when one can be declared as Protected Tenant ?

7/12 extracts mention us a Protected Tenant, how can we take possession of the land?

Does the fact that the land was converted into NA land before Tillers Day & before we were added as Protected Tenant be an obstacle for taking possession or act as detriment?


Thanks in advance.



DEFENSE ADVOCATE.-firmaction@g (Expert) 03 January 2011
Thanks in advance person the problem is from which state.

Tillers day was declared in Maharashtra only.
tushar (Expert) 03 January 2011
with supposing that the said problem is related with maharashtra state
for first three question protected tenant can recorded his name at any time but he has to get fixed the purchase price of said land under BTAL act under section 32G and he be in continuace of posession
and for last question in common tenant is only for agricultural land not for non agriculturalland
Gulshan Tanwar (Expert) 08 January 2011
Different states have different protections and the query is not clear as the jurisdiction has not been mentioned.
AVANTIKA (Querist) 12 January 2011
Question pertains to BTAL - Maharashtra.
Thanks Tushar.
bhagwat patil (Expert) 28 February 2015
"3. A tenant shall be deemed to be a protected tenant in respect of any land if
(a) he has held such land continuously for a period of not less than six years immediately preceding either
(i) the first day of January 1938 or
(ii) the first day of January 1945 and
(b) has cultivated such land personally during the aforesaid period.
3A(1) Every tenant shall, on the expiry of one year from the date of the coming into force of the Bombay Tenancy Amendment Act of 1946, be deemed to be a protected tenant for the purposes of this Act and his rights as such protected tenant shall be recorded in the Record of Rights, unless his landlord has within the said period made an application to the Mamlatdar within whose jurisdiction the land is situated for a declaration that the tenant is not a protected tenant".


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