dipak (proprietor) 08 August 2013

Partition of farmlands for avoiding land ceiling

This is to seek guidelines on how to save ourselves from the new draconian farmland holding ceiling act that

maharashtra govt seems adamant on bringing.

i live in a small town in Vidarbha area in maharashtra with my mother , wife and a son.. I have partitioned, 6 years back, the

inherited farmland as follows :

Mother : about 6 acres

wife : about 5.5 acres

Myself : about 5.5 acres

Son (Minor- presently aged 11 ) : about 5.5 acres

The ceiling act that govt may bring is that any family should not hold land more than 15 acres.

Family include : husband , wife ,and maximum two minor offsprings ( son or daughter)

Any land more than 15 acres in the ownership of family shall be taken away by govt.

Thus, in my hone there are two legal families :

1) My mother, aged about 85 ,and holding about 6 acres.

2) My family ; including me ,wife and a minor son.

Thus my mother is a family owning only 6 acres ,and so does not attract ceiling act as her holding is less than

15 acres.

Buy my family ,which include me ,my wife and a minor son , hold about 17 acres of land and so ceiling act

would be applicable.

Also, my mother's property would be added to my family, sooner or later in future. This would make me lose

even more land as per new act.

What shoul I do to save myself from this would be new act as farming is the only souece of my income and

we farmers in vidarbha do not make enough money from agriculture.

First :Shall I make my mother's will in my Son's name so that in case of any sad eventuality in my mother's case

her property would not add to my family ,but would add to my son's family ,in future.

This is what I think . But is it legally possible to do what I am thinking ? Please gide.

Second : To save the surplus land in my family's name (that is 17.5 acres in my , wife's and son's name)

from being attached by govt , shall I sell this surplus 1.5 to 2 acres ? please guide

I do not know whether I have put this querry in a right forum. If it is not so, please some body help me put it in

right forum, so that I get the proper guide line.

Thank you

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4 Replies

Hemang (Advocate) 08 August 2013

I respectfully disagree with your statement that it is a draconian law. It is never. On the contrary, the validity of the said Act was upheld and the Court have spoken in many cases that "the public interest" is served and the concentration of land in the hands of few fortunate is avoided. Now in your case, you have pleaded joint holding and no divisions are made. When no partition is made, it is forming a single property. And I think, you should have partitioned the property before the effective date of notification issued by the Government under the Act.

Try your luck before the authority. Try to justify the partition and division or family arrangment.

dipak (proprietor) 08 August 2013

Thank you Hemang sir - for your reply.

I appreciate your concern for the accumulation of land in with few people.

Please note that there is no new law enacted by Maharashtra govt . The old ceiling law is in force. But, I fear that such law may be brought.

Do you know that in Vidarbha even 25 acres per family is not enough to feed the family. .We conserved our farmland because we have not done other

business than agriculture. Many people have sold their farmlands and invested that money in urban properties and have made a fortune out of it.

govt is not targetting them , but us farmers.

Anyway !

I come to the point. As i have said , there is no new law enacted by govt, only we want to take precautionery measure - in case such a law might come.

Now is it illegal to even think of future.

I seek guideline on whether my mother can make a will in my son's name and if done so will it attach to my son's family after he matures, and will not attach to my family .

Thank you

Hemang (Advocate) 10 August 2013

We may have to go through the entire matter and the position of law. If no notifications are issued and if no notice is received by any person interested and holding the farm land, then it seems, there is possibility of saving. All family members should gather and make proper arrangement in this regard. You may either hire the services of a lawyer, who would do needful, particularly keeping in mind the apprehended issue. Or you may feed the facts to do it in a professional manner. My email is corporatearmour@gmail.com and mobile is +91 9998726651

sr (developer) 22 August 2013

Dear Hemang Sir,

I also in same situation. We are a joint family. Mother, Father, my self and my wife, married brother (total 6 persons). Our all 30 acres of land is in my fathers name. As per ceiling act i think we are 3 families but all land is in name of one person. So what will be the effect of New ceiling policy if it gets applied in Maharashtra. Also i don't know how government act. Is every person/family having excess land gets notice or government gives chance to distribute land. Please advice the best way .

Thanks