Two person say Maheshbhai & Rajubhai (Both are not belongs to same family or not in blood relation)has purchased an agricultural land in surat,Gujarat (the status originally as old tenure)in yr.1975 under tenancy act 63 rule 36 from a farmer sri.Nayanbhai ,here collector issued (for farming purpose only)the permission under tenancy act 63 because one co-owner Mr.Rajubhai was farming labour & Maheshbhai was already farmer,they both has completed all legal formalities with registered Deed ..& obtain legal order from collector in yr.1975 .In Yr.2005 one co-owner has relinquish his rights from agricultural land through relinquishment deed..both co-owner has completed legal formalities as advised by,Village Talati like submitted there application in favour of talati with Rs.50/- stamp in the presence of two witness such affidavit resembles that one co-owner has relinquish his rights from the land & stated that another co-owner Sri.Rajubhai may cultivate Or use the land as per his desire,now act from both parties has been resulted as mutation entry in the revenue record (Hak Patra)certified by Dy.Mamlatdar(Rev.) in yr.2005 .Talati Has made this certified entry in Hak-Patra as “Deduction of rights as a co-owner” in yr.2005.Then after in Form-7/12 only the name of Sri Rajubhai has been mentioned .In yr.2007 Sri.Maheshbhai expired after relinquish his rights from land .Both co-owner has not declare any partition of land Or Financial contribution at any where neither in Sale deed vide yr.1975 nor in any other documents.Now Question is that (1)Is there any requirement for both co-owner has to get the previous permission from collector to relinquish their rights from land . as per tenancy act 63 rule 36,gujarat(2) If yes thanthen what can we say about Talati & Dy.Mamlatdra’s Role for such act ? how can they certified this mutation entry ?(3 ) After 8 yrs. Can Collector use his revisional power(Suo-Moto) ? for this mutation entry to set aside & reinstate original condition ? or take any other action which would not be in favour of Mr.Rajubhai the sole owner of agriculture land at present.(4) Under which law they have certified this mutation entry ?Sri Rajubhia is cultivating the land yet..pl.post your valued response at earliest..& obliged .
