Your friend can file a suit in the court for removing kul or ask your friend to sell the land to third party.
Is it possible to remove kul if tenant has not paid any rent for last 15y and now not removing kul
My friends parent dies when they were 5 and 8 years old and after that one of our land which was given to a familiar person to use for cattle has now onboard his kul and not ready to remove the kul even we are ready to give 40% property
Asked 1 year ago in Property Law
Religion: Hindu
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7 Answers
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.
If tenant is not cultivating land personally he can be removed by following procedure laid down under BTAL act
Yes it can be done
Submit an application to Agricultural Lands Tribunal seeking termination of tenancy. Under Section 14 of the Act a tenant not paying rent by 31st of May is liable to be evicted forthwith.
Dear client I am sorry to hear that but in this case you can definitely evict them after serving proper notice.
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.
The main purpose of Section 43 is that it ensures the protection of the persons belonging to the disadvantaged agricultural groups and gives them the right of purchase upon them. If tenant is not cultivating land personally he can be removed by following procedure laid down under BTAL act
- You can send a legal notice to him for evicting the land , and if no positive response then file an eviction petition before the court on the ground of bonafide requirement
- Further, if he is not using that land , then you can approach the tribunal under the provision of Bombay Tenancy and Agricultural Act .
