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Know all about 'Kul Kayada' and its compliances

Saturday, March 24, 2018

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. Ramesh S. Prabhu explains the clauses pertaining to it in detail

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. It may be a possibility that after some time your ancestors might have migrated to some urban area to earn livelihood. But, the other persons continued to cultivate the land. Your forefathers might not have received the rent.

Protection to tenants under law
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.

What is Navin Sharat?
Navin Sharat is land which is required to be regranted by the collector on the Old tenure, Navin sharat lands cannot be transferred without the permission of 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 specified date. The Tribunal is also required to issue individual notices to the landlords and the tenants, and thereafter to decide the competing cases. Sec. 32A limits the right of a tenant holding other Lands to such area only which will raise his holding to the extent of the ceiling area.

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