I have been warned by my friends that my land holdings may attract 'TAMILNADU LAND CEILINGS ACT', by which the government may take over the land in excess of my ceiling limit. When I consulted three lawyers, I got very different sets of opinions. I read the bare act too. Still, I have doubt if I have exceeded the ceiling limit. I post my case below... (Names have been changed to alphabets for the sake of clarity, and unambiguity)
Family of Smt. A
Smt. A W/o. Sri B
Husband Sri B expires in 1967
Smt. A aged 49 yrs adopts Sri C aged 13 yrs as her son in 1969.
By 1971, Smt. A was having 5 standard acres of punja land (ancestral and self acquired) with a factory constructed thereon, licensed by the Central and State Governments under several Acts. Licenses were granted on the basis of No Objection Certificate issued by the District Authority which is a statutory requirement. NOC is given after verifying the genuine ownership of lands through Revenue Department and the antecedents of the Applicant through Police Department, safety of the place through Fire and Health Departments.
C, the adopted son becomes major in 1974.
After 1975, Smt. A and son C purchase more lands one by one gradually for constructing new factories.
In 1982 two more factories were constructed on the purchased lands with proper licenses from the State and Centre under various Acts, after getting and submitting NOC from the same District Authority.
In 1982, C is married.
In 1985, one son D is born,
in 1987, the second son E is born and
in 1991, one daughter F is born.
The lands so far purchased gradually in the name of A and C for factory purpose totals to 22.5 standard acres in the year 1998. (apart from the earlier holding of 5 standard acres in the name of Smt. A)
Smt. A expires in 1998.
The total lands of 27.5 standard acres (on 20 standard acres factories are constructed and the balance 7.5 standard acres are adjacent to the factories with plans for expansion of factories) are totally patta-transferred in the name of her son C.
In 2003, the elder son D becomes Major
In 2005, the second son E becomes Major
In 2009, the Daughter F becomes Major
All three are unmarried.
The total land holding now in the family is 27.5 standard acres
(20 with factories constructed and 7.5 reserved for expansion of factories)
Today, the Hindu Undivided Family comprises of
Father C– Mother Mrs. C
2 Major sons unmarried D & E
1 Major daughter unmarried F
Is the family legally eligible to hold these 27.5 standard acres ?
To what extent of land the family is eligible to hold under the Land Ceiling Regulations ?
What was the position between 1998 to 2003 (A has expired and C was having only wife and minors)
If the Government is going to reduce the ceiling further in future, from 15 standard acres to say 10,
What is to be done as a precautionary measure now?
It is to be noted that the entire 27.5 standard acres today stand in the name of Sri C only.
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