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Atul Vasant Bhagwat (Farmer)     15 April 2012

Deosthan inam land

We (Sathe Family) have a agri land which is a Deosthan Inam Land in Maharashtra, Raigad District. As per my knowledge there can not be any tenency(Kul)  in Deosthan Inam Land. On 7/12 extract a remark is given that as its a Deosthan Inam Land, the tenant(Kul)  can not purchase it.

Now I would Like to ask:

1. If there can not be any tenancy in Deosthan Inam Land how a name is inserted as Tenant (KUL)?

2. Can the said Tenant (KUL) be removed?

3. Can I settle the said Tenant(Kul) and or Deosthan(Trust) by paying consideration? and get the 7/12 extract in our name?

4. As its a Inam given to us by a Deosthan(A Trust), can we sell this agri land and whether we have to pay the said Deosthan(Trust) and the Tenant(Kul)?

5. What is the procedure for selling such Deosthan Inam Land?

Kindly reply.

Atul

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 3 Replies

Shashikant V. Patil (Lawyer)     17 April 2012

How can? You are Bhagwat and in query you are writing We (Sathe) family both are different titles.  It is apparently seen from 7/12 extract that it is Class III land of Deosthan Inam.  The names of Sathe brothers mentioned in ownership columns are wrong and illegal , however, the name of Shrimam sansthan shown in ownership column is correct.   As per Maharashtra land revenue code 1966, these lands are absolutely owned by the God in whose name the Deosthan established.  Therefore, their ownership remains in the name of God only.  And  to look after their religious routines , poojary were appointed since past and since their forefathers traditionally, and successively continues to their heirs but without ownership over the land. Secondly, since past, for rest of land to cultivate and to obtain income source for Devsthan, some farmers volunteerly cultivated the said land and automatically, after due course of time, in cultivation column and in other rights of 7/12, Talhathi entered his name and continued so on for years to years.  And as per BT & AL Act 1948, law comes in favour of tenants ( i.e on 01 Apr 1957) as per this act, tenants became owner in many of the other types of land.  But in this case, neither tenant can become owner as this land is Devsthan Inam land.  Hence neither you can sell this land nor tenants can purchase it.  The tenant name also can not be deleted as they will remained as they  have applied for purchase it but land tribunal rejected as it is a Deosthan land.
 

Atul Vasant Bhagwat (Farmer)     17 April 2012

Thank you sir for responding.

Three Sathe Brothers are my Mamas (Cousin Brothers of my mother, My mother have only sisters and no brother. Mothers surname changed to Bhagwat after marraige.). Though this 7/12 shows the name of Sathe Brothers, it was wrongly entered previously and those three brothers are agreeing it and have given in writing that they are not the holders. They are ready to give it in writing again and get it registered. Considering all these facts I did say its our land.

This land was given to Sathe (My forefathers) by deosthan for cultivation and to meet expenses of mandir around 1940-1950. After the death of Sathe the said land was distributed and our part was wrongly credited to my Mama's Father instead of crediting in in the name of my grand father.

Now, can those holders(Sathe Brothers) name be changed and put it on my grandmothers name? If yes what should be done?

If tenant is ready to surrender his right can we pay him and settle it.

Can this land be sold by having charity commissioners permission and/or by Auction. (What is the exact procedure for selling such lands.) (Previously this kind of permission was granted - Case No.3411/07 WP at Bombay High Court and SLP (Civil) 20994 of 2007 & Civil Appeal 3485 of 2012 in Supreme Court. ) 

These cases are between Same deosthan and about same area i.e. Karade Budruk. this land is adjucent to our land its survey no. is 18. The case is pending in Supreme Court

Kindly revert.

Atul Vasant Bhagwat (Farmer)     23 April 2012

Hon. Supreme Court has given order on 11-04-2012 (Case No.3485) that the trust shoul call bids for sale of land and the Minimum Price would be 35Crores and 30% would be EMD. for the same The Trust would apply for the sale of property to Jt.Charity Comm.Pune under section 36(1) (a) of the 1950 Act.

So on the basis of this order can Trust apply for sale of adjucent property also?

Kindly revert.

.


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