Special for farmers: Can not assume a land by becoming a non-farmer farmer on the basis of “overstatement” will.

By | March 29, 2018

Before Independence, a different system of land was implemented in different parts of the country. Such as, landlady, feudalism, raiyat Ownership of the whole land was owned by indigenous principals except for British rule areas. The state’s main income resource was land revenue and at that time it was dependent on agriculture at 90 percent of the cost. Landlords are ultimately recklessly acquiring land revenue from the farmers and seizing the land (state).

The present state of Maharashtra and Gujarat was known as Mumbai Province and in the current Gujarat state of British rule, there were five districts and in the remaining Desh princely states their own land revenue system. Progressive Vadodara and Gondal state was the practice of collecting revenue from the direct farmer and the Gondal state had given their rights to the farmers before independence. After getting independence, Land Reform laws were implemented as part of the establishment of a welfare state and also included in the Scheduled Tribes.

Under the Land Reforms, in the Bombay province, 1948 came into force and the peasants who had protected areas and reserved landowners were given rights according to the principle of “farming their land” and defined the definition of a farmer in the law. A farmer means a person involved in farming business, including hereditary farming.

The definition of quality farming is also defined in Section 2 (2), 2 (6) in the Tenancy Act, and in which the person taking the land of the farm can also take up farm land in the limit of only 8 kms and within 15 kms. There was a provision that could be cultivated under supervision and the definition of this farmer and quality farming should be given to the farmers in the agricultural sector and the country’s food production and agriculture land.

Since the land in the constitution is in the state list, each state has the power to make laws relating to land and land reform.

In 1998, the Government of Gujarat had removed the ban for possession of agricultural land in the limits of Section 2 (2) and 2 (6) of the Tenancy Act, which was restricted to the extent of 8km and the state’s farmer can take farm land at any level in the top limit. Saurashtra Gharakad Law is applicable in Saurashtra Kutch area. Section 54 and 56 are eligible for permission.

Test of Agricuturist

Section 63 of the Tenancy Act provides for any person other than a farmer can not cultivate the farming land, and the person who wants to become a farmer, with the permission of the Deputy Collector and whose annual income is Rs. A person who does not have more than 5000 / – (five thousand) can be a farmer. Thus, the ban for cultivation of agricultural land for non-farmer persons is due to the existence of people belonging to the basic farming profession.

Agricultural production can increase and the state and the country’s agricultural growth rate may increase. If the bereaved person is cultivating farm land, then instead of cultivating himself, commercial purpose land is a fundamental objective that natural resources can not be profitable. So in the term of the law, a non-farmer can not take the farmland legally.

Will – Regarding the lands acquired under the will

The provision of the insured for the insured is under the Property Acquisition Act. In fact, any individual self-propelled property can live in the presence of two witnesses in a sound mind. This insubordination is not mandatory to register. Can be done on plain paper too. When there is a dispute about Will, it is necessary to get a probate from the court.

Under Section 67 of the said Property Acquisition Act and the Tenancy Act, it is necessary to interpret the proper form, for which a number of non-poor persons have taken up farming land under the auspices of the Will in the revenue system. Actually the sub-regulatory authority, who is a certifying authority in the notebook.

(Deputy Mamlatdar) should not be certified for the purpose of failing to comply with the provisions of such a law, and if the actual situation is to be done, then the deceased – by making false allegations in a wrong way, becomes justified by the intention of becoming a farmer, which is illegal from the first instance. (Void Ab initio) It can not get legalization at any stage.

Notification to notify such a note

The records of such entitlement are also revoked by the Collectors. But that has made an illegal farmer. The number of such persons in any of the lands in Gujarat is used for agricultural land and in such cases there is no harmony in the decisions of the cases running in such a court and due to which there is a large number of irregularities in the farmers of the state, due to non-certification of the inscribed notes of the beel farmer in favor of the bean farmer, Instructions are given.

In this regard, a division bench of the President, headed by the Honorable High Court, Mr. Jayant Patel, has given a comprehensive ruling that any bean farmer can not be a farmer, and he has been instructed in the matter to make the law amend by giving the over-riding effect of other laws under Section 63 of this Act.

In addition, in the 10-GLR 992 case of the Supreme Court, in the 10-GLR 992 case, the Supreme Court has said that the records of the entitlement should be revised in due time, but in the cases of bean farmer from the beel, it is the first to be illegitimate, in the case of 12GL-156 in the Government of Gujarat, and in the subsequent 2007 Even after a long time, the records of such entitlement notes will be revoked I’m so sorry.

Shortly before that, the Gujarat High Court has given the verdict that farmers of outside states can be able to take up farm land, but the pros and cons of the case is subject to the peak limit, in which the farmers of Ganpati Gujarat can only land only because of the irreconcilable interpretation of the land. Appeal has been appealed in the Supreme Court and the order of the High Court has been postponed till now.

Thus, it is clear that no non-farmer person in Gujarat is a farmer even after the provisions of the Tenant Act. So it is not legally relevant for non-farmer persons to misunderstand or adopt farm land based on the will, under any false guidance.

Guide – H.S. Patel IAS (N)

Can not take land by becoming non-farmer farmer on the basis of will

The Revenue Department is notified to certify the records of the will of the non-applicant in accordance with the multiplicity of Gujarat.
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