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ganpatbhai (self employed)     13 January 2014

Relinquishment of rights for land

Two person say Maheshbhai & Rajubhai has purchased  an agricultural land in surat,Gujarat (the status originally as JUNI SHARAT)in yr.1975 under tenancy act 63 rule 36 from a farmer sri.Nayanbhai ,here collector issued (for farming purpoe 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 Dastawej ..& obtain legal order from collector in yr.1975 .In Yr.2005 one co-owner  has relinquish its right from farming land. (Potano hak pacho khenchi lidho ane jamin parno davo jato karyo aem lakhelu hak-patra ma).both co-owner has completed legal formalities as advised by,Village Talatisaheb 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 its 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 Record Of right(Hak Patra)certified by Dy.Mamlatdar(Rev.) in yr.2005 .Talati Has made this certified entry in Hak-Patra as “SAMAYIK PANA MATHI NAM KAMI KARVA BABAT”  in yr.2005.Then after in 7/12 only the name of Sri Rajubhai has been displayed .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 Dastawej 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 (2) If It is like so then 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 ? 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. Under which law they have certified the mutation entry ?Sri Rajubhia is cultivating the land yet..pl.post your valued response at earliest..& obliged



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