• Need to know the Kul Kayda law %

I have land in form of kul kayda ( i am kul ) .the land comes in muncipal area . due to high rate in this area the owner wants to get it we have had possession over 45 years . can owner force us by law to seprate in form of 60:40 land division . what care i should take to make my side more strong
Asked 1 year ago in Property Law
Religion: Hindu

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5 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.

 

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. 

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

A tenant always remain tenant and no eventuality tenant can become owner nor tenant is entitled to any share in the land so you cannot claim any right in the land. Owner has every right to evict you from tenanted land. your possession in the capacity of tenant does not matter nor it create any right or title or interest in the land. Owner for his personal use also can get property vacated. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

Dear Client,

The particular legal rights and obligations in situations involving "Kul Kayda" (tenant-farmer or tenant-rights legislation) are determined by the state and local laws controlling tenancy and land rights. Nonetheless, the following broad ideas will assist you in comprehending your stance and bolstering your argument:

Familiarize yourself on the legal provisions under the specific legal jurisdiction of your state with reference to tenancy and land rights – “Kul” (Tenant Farmers). These laws can offer safeguard as far as eviction is concerned and even certain procedures in split of land are present.

Documentation: The buyer should make sure he/she has all the necessary documents to support title deed and demonstrate physical possession of the land for an extended period. This means tenancy receipts, rent receipts, tax receipts or any other communication with the land lord over the period of letting .

Land Records: Go to the registrar of local land transfer to ensure your name and current tenure are correct. The longer the possession is, especially if continuous, the better the chance of presenting a valid pretense to the property.

Legal Precedents: Consult a lawyer if there are any legal backing that can be used to argue the case or do a research on the legal framework. This is particularly true since prior examples are compelling in establishing different arguments in other similar kinds of matters.

Municipal Regulations: This means that the land may be located in a municipal area hence implying that there may be some other laws or tenancy protection. Search for tenant protection laws along with other matters related to land division in the specific municipality or city.

Legal Assistance: Seek the services of a lawyer who has knowledge in the area of law concerning property ownership and occupancy. This includes legal advice that can be given to a specific context and assist in understanding one’s legal position.

Negotiation: If possible and if you have the time, sit down with the landowner and discuss. It is important to hire an attorney to assist as a middleman and possibly come up with an agreement acceptable to both parties Other than that, there can be legal advice on how to handle the termination of employment without going to court.

Strengthening Your Case: Gather proof of your property possession and utilisation in the land over time, this may include giving out testimonies from neighbouring community members or individuals who have testified on your behalf of your utilisation of the land, and oddments made on the land.

Government Assistance: It is also important to find out whether there is a way to legally self help especially in the event the tenant farmers are on the receiving end of such injustices. There are those states where there are particular bodies or boards that focus on the cases of the tenants and the landlords.

 

Hope this helps!

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

The Maharashtra Tenancy And Agricultural Lands Act, 1948
This law is also called “Kul Kayda”. This law regulates the relationship between landlords and tenants in agricultural lands and seeks to protect the rights of tenants.

 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.

The Kul Kayda Act, also known as the Maharashtra Tenancy and Agricultural Act of 1948, was implemented to protect the rights of the tenant and reform existing agricultural land laws. Under section 43 of this Act, any land acquired by a tenant may not be sold or transferred without the prior approval of the Collector.

Section 43[10] debars the transfer of property through sale, lease, mortgage, and gift to another party without the prior permission of the Collector

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

- A tenant(Kul) cannot claim the ownership on the ground of adverse possession i.e. occupant of the property for long period. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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