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Ronak   13 July 2026

Farmer certificate (khedut kharai) in gujarat

Hi, My father used to own agricultural land in 2008, and his name was included in the 7/12 and 8A extracts alongside my uncles and grandfather. Unfortunately, my grandfather passed away that same year. Due to certain circumstances in 2008, my father relinquished his rights to our land (Haq Tyag / haq jayo karvo) to my uncle with mutual consent. The land remains with my uncle today. We are now trying to buy agricultural land in Sabarkantha, Gujarat. However, we are not permitted to do so because my father's name was removed from the 7/12 extract, and we were unaware of the constraint requiring a person to purchase new agricultural land within a specific timeframe after giving up their status. Furthermore, we have a very limited relationship with my uncle. Are there any options left for us to regain our farmer status? Given that my grandfather's land was ancestral property, can I request a Khedut Kharai Dakhlo (Farmer Verification Certificate) from the Mamlatdar? What other options does my father have to regain this status?"


Quick Summary
This discussion explores options for a father who relinquished his agricultural land rights in Gujarat in 2008 and is now unable to purchase new land due to a dormant farmer status. While a prolonged gap without land ownership can extinguish active agriculturist status, the ancestral nature of the original land provides a basis for appeal. Options include applying for special permission from the District Collector under Section 63 of the Gujarat Tenancy and Agricultural Lands Act, or seeking legal advice on reviving status directly through the Mamlatdar or Deputy Collector, considering local tenancy precedents.

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     13 July 2026

The fundamental issue is that under the Gujarat Tenancy and Agricultural Lands Act, 1948, a person loses their active agriculturist status once their name is completely removed from all active 7/12 land revenue extracts and they do not own agricultural land for a prolonged period.

As your father executed a Haq Tyag (Relinquishment of Rights) in 2008 and no agricultural land has been held in his name since then, local revenue authorities (Mamlatdar / Talati) often reject Khedut Kharai applications if there is a prolonged gap (typically exceeding 3–5 years) during which no agricultural land was owned. Revenue officers may argue that by surrendering all rights without acquiring new land within a reasonable timeframe, his active status was extinguished.

However, because the land was ancestral property, his original status was held by birth/lineage, not mere purchase. This gives you room for appeal.

Under Section 63 of the Gujarat Tenancy and Agricultural Lands Act, a non-agriculturist (or a former farmer whose status is currently dormant/unverified) can apply to the District Collector seeking special permission to purchase agricultural land. You will need to present your ancestral background, old 7/12 records, and a formal representation stating that your family was originally an agricultural family.

Revenue procedures in Gujarat depend heavily on local tenancy precedents. A local advocate specializing in the Gujarat Tenancy Act can review the 2008 relinquishment deed to verify if his status can be revived directly through the Mamlatdar or via an appeal to the Deputy Collector.

 

Dr. J C Vashista (Advocate )     14 July 2026

Very well analysed, opined and advised by learned expert Mr/ T Kalaiselvan, nothing more to add.

P. Venu (Advocate)     14 July 2026

Yes, you may seek permission as suggested and if no positive response, seek judicial review.

Ronak   14 July 2026

Sir, thank you so much for the wonderful answer. I appreciate it. You mentioned that revenue procedures in Gujarat depend heavily on local tenancy precedents, so I want to know if there is any law that protects against these types of scenarios. Is this a common issue? I want to have a handy document ready before I approach the Mamlatdar or the Collector.

P. Venu (Advocate)     15 July 2026

Land and Land Revenue is a State subject. Each State has enacted/notified its own names. Such restrictions are not in force in many a State, certainly Kerala.


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