Deepak Parmar (Accounts Manager) 16 October 2012

Agriculture land

I have agriculture Land in Gujarat, as I am in Mumbai, my Uncle is doing the Agriculture activity since last 8 Years on contractual basis say Rs.35000 pa, he too has land on his name on other side of the village, I got land as my grandmother in 1997 as she gifted to me,

The 7/12 Shows only my name only, and the Land is Mortgage with a Dena Bank, since last 6 Years as I doing Regularly Renew my Loan every Year, as its Kisan Credit Card provided by NABARD for Agricultural Finance,

My question is that do my uncle can claim on my land, as he is doing cultivation since last 8 Years, I have just given him on contractual basis where he pays me Rs.35000 every year & some time does not pay due bad monsoon.

Can he claim the land, as he is doing the agriculture activity since last 8 Years.

Regards

Deepak

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2 Replies

S Jadhav 98336 98330 (Jadhav & Associates) 16 October 2012

In Gujarat if a farmer cannot cultivate his own agricultural land, there is no problem in permitting someone else to cultivate it on contract as you are doing.

But while doing so please make an agreement that it is only a contract for one year and you are the real owner of the land. You may renew the land every year if you wish.

However, to ensure that you do not lose ownership and farmer status, it is advisable that in one out of every few years, you cultivate the land yourself with the help of some labourers. This will ensure that in the village extracts you will be shown as having done actual farming. This will also remove the uncertainty in your mind.

Even though you have given the land on contractual basis to your uncle, he cannot claim to be the owner. But please do check the khata every year where the talathi makes the entries and ensure that he mentions the details correctly.

S Jadhav

Deepak Parmar (Accounts Manager) 19 October 2012

Dear Sir,

I Have just check my 7/12 & Form No.6, where the last entry of HP of Dena Bank is Entered, And now from this Year end after Feb 2013 I will am doing my self with Local Partner, Where I will Finance & he do the Labour work, So do after I remove or chnage him after the Period or our contract is Over he can do wnything else like submitting any application to claim in my land,

I am asking worst Scenario.

Thanks

Deepak