Agricultural land given to uncle for cultvation
Deepak Parmar
(Querist) 22 November 2012
This query is : Resolved
Hi, I have given my Agricultural Land for cultivation on Yearly Mutual Contract Basis to my uncle, since 2004, he is also having his own agriculture land near to my land, as we stay in Mumbai, he does all cultivation and pays us a Lumpsum Amount of Rs.35000/- to us Yearly.
The Land is Located in Ahmedabad District Gujarat.
There are rumors in my village that once he is doing cultivation since last 8 Years, he would might claim for ownership, and as he is holding the lands since last 8 Years so easily he will not leave the land, (In Gujarati we say it his KABZA on Land), as from this Year onwards (March 2013) my Father & Mom are shifting to Village so they will be doing the Cultivation.
There are no any legal documents or any other documents signed for the yearly farming, its just verbal Confirmatin & acceptance between me & my Uncle.
I have taken a Agricultural Loan under Central Govt. Scheme since 2004 & I am yearly Repaying & Renewing the same (KISAN CREDIT CARD).
The 7/12 has my name only where its is mentioned the Cultivation is done by Owner (Mentioned as SELF). The 7/12 Has Name of the Bank from where I have taken the Loan with Sanctioned Amount Mentioned on the 7/12 & Form No.6A of Village)
I have question in mind can he claim his rights on my Land. and is any law where he can become a Third Party of Tenant,
M V Gupta
(Expert) 23 November 2012
The arrangement in question should be regarded as "cultivating the land on your behalf with a specified amount being paid to u as crop share". In other words it should not be called "tenancy" or lease of land to ur uncle. you should simply tell ur uncle that from hereafter u will be cultivating ur land urself. Dont renew the arrangement.
Deepak Parmar
(Querist) 23 November 2012
Thank you Sir, From This Year Onwards My Father & Mother are shifting to Gujarat & they will do the cultivation, I am informing my uncle on 3rd December when I am going to Gujarat for Renewal of Kisan Credit Card.
And Sir Should I take any precautions before informing my uncle, as the He will leave my land after 28th Feb only. My Cousin says as if any one has Kabza on Land then it is difficult to remove him in our village.
I have just Checked the 7/12 from 2003-04 till 2011-12 my name & Dena Bank's Name is appearing and no other name.
Thank you Sir
M V Gupta
(Expert) 24 November 2012
As the arrangement has been oral all these years, I do not think any formality is necessary. You have stated that in the property card only ur name and Dena Banks name are appearing and not ur uncles name.If ur uncle raises any objection, then u better consult ur advocate and do the needful.
Deepak Parmar
(Querist) 26 November 2012
Thanks to all sir & to Lawyers club, for creating such a platform
