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Kumar (Self)     04 October 2011

Agriculture land lease and sale

Hi ,

This is Kumar . I have 1 acre agri land in home town(Tamil nadu). This land was leased without document for 30 yrs. Now we have planned to sale this land. But The person who are working in this land (leased person) is asking 50% of sale amount. But we have't signed any document and we are planning to give some amount 1/5 . to him. Is there any rule that the owner of the land should give 50% amount to the lease person ? Pls clarify.



Learning

 3 Replies

K. GOPALAKRISHNAN (ADVOCATE)     04 October 2011

Any lease beyond 12 months is mandatoraily registerible under the provisions of the Law.  However, in your case, it is not registered.  Utimately, there is lessor-lessee relationship.  You need to give any compensation to the lessee and the cost of the development towards the land may be given.  You are planning to 1/5th of the sale proceeds to the lessee is out of your own wish and will and in case he is not willing to take your offer, you may file a suit in the Court of Law for eviction of lessee. 

Democratic Indian (n/a)     04 October 2011

I do not know about Tamil Nadu but heard that in some Northern States there is a law that says someting like, that if someone is shown on agricultral land records as doing agriculture on the land for 3 or more consecutive years then he is considered the owner. If some similar law is there in Tamil Nadu and he has got the land records similarly updated in his own name, then you may be facing real trouble. Else if no such written records exist and you are shown on land records as doing agriculture on land every year, why not politely take possession of the land back from the person by saying that you want to do agriculture yourself and then sell the land.

Kumar (Self)     04 October 2011

Thanks Gopal for you valauable information


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