If the land is of your ownership then it can be legally released through a registered release deed

1. Maybe possible, but it depends on the state and whether the sharecropper (bargadar) has recorded/ statutory rights.

2. If it is possible, it is usually done by a written, signed surrender/release (solīnāmā) or a sale/compensation agreement plus updating revenue records (mutation) — following the statutory procedure required by the State.

3. If you cannot get a direct legal ‘release’ (because the bargadar has recorded/protected tenancy rights), the usual alternatives are a buy-out (purchase of the bargadar’s rights), an agreed long-term lease, or a court/administrative settlement following the statute.

You need to contact a local lawyer familiar with land laws in West Bengal 

2 visit the local tehsildar office as to whether registered relinquishment deed for consideration is permissible 

1. A bargadar can voluntarily surrender his right to cultivate land by submitting an application to the  revenue authority under Section 20B.
2. After receipt of such application such office/authority will issue notice to bargadar and the person  whose land was cultivated by the  bargadar and decide if the  land is voluntarily surrendered by the  
3. After such decision the owner get the  land cultivated by any person who is resident of the  
4. Ask the bargadars to make such application after taking agreed consideration from them. But this should be off the  record as taking payment for surrender is illegal.

1. A bargadar can voluntarily surrender his right to cultivate land by submitting an application to the  revenue authority under Section 20B.
2. After receipt of such application such office/authority will issue notice to bargadar and the person  whose land was cultivated by the  bargadar and decide if the  land is voluntarily surrendered by the village. 
3. After such decision the owner get the  land cultivated by any person who is resident of the  
4. Ask the bargadars to make such application after taking agreed consideration from them. But this should be off the  record as taking payment for surrender is illegal.

1. A bargadar can voluntarily surrender his right to cultivate land by submitting an application to the  revenue authority under Section 20B.
2. After receipt of such application such office/authority will issue notice to bargadar and the person  whose land was cultivated by the  bargadar and decide if the  land is voluntarily surrendered by the  
3. After such decision the owner get the  land cultivated by any person who is resident of the  village. 
4. Ask the bargadars to make such application after taking agreed consideration from them. But this should be off the  record as taking payment for surrender is illegal.

Yes, Barga land can be legally released with mutual consent under Section 20B of the West Bengal Land Reforms Act.

Required Process

Step 1: Get succession certificate for Niamat Sk's heirs (all 5 sons + 1 daughter must be parties)

Step 2: File written surrender application with Bhagchas Officer under Section 18(1)

Step 3: Officer conducts mandatory enquiry to ensure voluntary surrender (presumption is it's NOT voluntary unless proven)

Step 4: Execute registered release deed with compensation terms since land value exceeds ₹100

Key Requirements

• Bhagchas Officer approval mandatory - cannot bypass this

• Officer must verify no coercion/pressure involved

• All legal heirs must sign surrender agreement

• Registration required with stamp duty payment

Alternative Methods

If direct release faces obstacles:

• Sale to bargadars first, then they resell to you

• Land exchange arrangement with equivalent land elsewhere

• Structured payment plan over time

Critical Note

Even after release, you cannot resume personal cultivation without separate permission - land must go to another bargadar unless specifically exempted.

Recommendation: Engage local counsel experienced in West Bengal Land Reforms Act for proper procedural compliance, as officer has wide discretionary powers in determining voluntary nature of surrender.

Yes, it is legally possible to release agricultural land from Barga (sharecropping) with the voluntary and written consent of the sharecropper’s heirs under the West Bengal Land Reforms Act. The process must be carefully documented and carried out through official procedures with the revenue authorities to prevent future disputes.

The correct way is:

• The heirs of the original bargadar (sharecropper) should sign a formal surrender or abandonment agreement stating that they voluntarily relinquish their rights over the land and have received consideration for it.

• This agreement must be submitted to the local Bhagchas (Land Reforms) Officer or Revenue Officer, who will conduct an enquiry under Section 20B of the West Bengal Land Reforms Act to verify that the surrender is genuinely voluntary and not due to coercion, intimidation, or undue influence.

• If satisfied, the Bhagchas Officer will order removal of the bargadar’s name from the land record, thereby releasing the land and restoring full possession to the owner.

If voluntary surrender is not feasible or is challenged:

• An alternative is to establish grounds for termination under statutory provisions: if the sharecropper or his heirs fail to cultivate the land personally or do not share produce or have otherwise breached legal conditions, the landowner can apply for termination before the Bhagchas Officer, who will conduct a hearing and pass orders accordingly.

In any case, it is essential:

• To obtain signatures of all legal heirs of Niamat Sk, notarize the surrender document, and have witnesses.

• Avoid cash transactions; formalize payments with receipts.

• Only after official approval and updating of land records can the land be safely considered free of barga encumbrance.

  For further assistance with drafting documents or navigating the legal process, the client is welcome to contact us for a consultation.

   

   

   

   

   

Dear Client, 

Agricultural land recorded under barga in West Bengal can legally be released, but only if the present cultivators (in your case, the six heirs of the original bargadar) voluntarily surrender their rights through a formal process before the local Land & Land Reforms authority; this requires each heir’s written and witnessed consent, followed by a joint application, local enquiry, and an official order deleting the barga entry from the record, after which the ownership record is updated in your name.without this statutory process, any private agreement or payment will not have legal force and may create future disputes, so the safest course is to have the heirs execute notarised surrender affidavits, submit them jointly to the Land Reforms Officer, cooperate in the enquiry, and only then exchange compensation if agreed, thereby ensuring that both your title and their release are fully recognised in law.

I hope this answer helps. For any further queries please do not hesitate to contact us. Thank you.

Operation Barga, registers sharecroppers (bargadars) and grants them permanent and inheritable rights to the land. 

2)A registered sharecropper retains these rights as long as they pay the legally stipulated share of the crop, keep the land cultivated, and do not sublease it. 

3)sharecropper could lose their rights if they fail to meet the legal conditions, such as leaving the land uncultivated or failing to pay the dues. 

4) if some one else wants to cultivate land after removal of present share cropper his name would be recorded in govt records as share cropper 

If the existing bargadar voluntarily surrenders possession, or is lawfully removed (e.g., for non-cultivation, misuse, or by mutual consent recorded before the Land Reforms authorities), the land goes back to the direct possession of the recorded owner (raiyat).

At that point, the owner is entitled to cultivate it personally, lease it under permitted forms, or keep it fallow — subject to the ceiling law.

No you are not obligated 

If someone else wants to cultivate the land as a sharecropper after it is freed from the present sharecropper, you are indeed obligated to allow it under the West Bengal Land Reforms Act. The new sharecropper (Bargadar) will be recorded in government records accordingly.

The land does not become permanently free from sharecropping after releasing the current bargadar. The law favors continuous sharecropping rights, meaning the land must be given to any willing bargadar, and personal cultivation by the owner generally requires separate permission. This ensures the land remains under the sharecropping system unless no willing bargadar exists, which is rare under the Act.

Hence, releasing the current bargadar does not permanently free the land from future sharecropping obligations.

• Get a formal surrender recorded before BL&LRO.
• Do not rely only on private payment/settlement.
• Once surrendered and deleted from records, land is permanently free unless you again create a new sharecropping arrangement.