You are having decades old possession and continuous use of it. Without giving you proper compensation, cannot be evicted.
And without due procedure of law (court order), cannot be evicted.
Kul Kayda Act -Maharashtra - Land is with tenant from last more than 70 Years.
Hi Sir/Madam, This issue is regarding Kul Kayada act Maharashtra. Land is with tenant from last more than 70 years and they are using this as farming purpose. Now owner claimed though local tahsil and asked for possession. In 1954 village declared as Municipal council and oppositions are using this as legal law to cancel kul and possession of land. But Kul was nominated before 1954. Can anyone help legally to overrule municipal issue? Thanks. Hemantkumar Khairnar +[deleted]
Asked 6 years ago in Property Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
5 Answers
The procedure for the tenant to purchase the land is laid down in Sec. 32G of the bombay Tenancy and agricultural reform Act. It enjoins the Agricultural Land Tribunal constituted under Sec. 67 to publish a public notice calling upon the tenants, the landlords and any other interested person to appear before it on a speci- fied date. The Tribunal is also required to issue individual notices to the landlords and the tenants, and thereafter to decide the competing cases.
The said Act is active as maharashra tenancy and agricultural lands Act 1948. You can approach the collector for the same. If legally the land is transfwred in your name by the previous owner if any. Otherwise you need to pay the penalty to collector for getting it in your name. If not done need to approach the court
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.
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.
After Independence, various land reform acts were enacted for equitable distribution of the land and accordingly Bombay Tenancy and Agricultural Land Act 1948 is one of them. The objective of the act is "land to the tillers". 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. Thus, 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.
You can fight on the basis of above information, however since the village was brought under municipality in the year 1954 whereas this rule came into effect in the year 1957, you may have to carefully use the provisions of the law referred above.
Dear
As the tenant have possession of land from last 70 years so you cannot get possession if you go through legal way.
You should go for amicable settlement with tenant and get the land.
