Land Laws: Important Questions: Long Questions:: Page 1 of 23
Land Laws: Important Questions: Long Questions:: Page 1 of 23
Land Laws: Important Questions: Long Questions:: Page 1 of 23
LAND LAWS:
IMPORTANT QUESTIONS:
LONG QUESTIONS:
1. Bona Vacantia?
2. Andhra Pradesh land reforms (ceiling on agriculture holidays)
Act 1973?
3. Land Acquisition act 1894?
4. A.p land grabbing (prohibition) act?
5. Land reform moments?
6. Intermediary?
SHORT QUESTIONS:
1. Doctrine of eminent domain?
2. Jagirs & Inam lands?
3. 1x[9th] schedule of constitution?
4. Scheduled areas?
5. Ryotwari settlement?
6. Absolute & limited ownership?
7. Doctrine of escheat?
8. Land grabbing?
9. Tenant?
10.Title deed?
11.patta?
12.protected tenants?
13.Assigned land?
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LONG ANSWERS:
1.Bona Vacantia?
Ans. Bona vacantia is a legal maxim of Latin
origin. Bona means ‘goods’ and vacantia means ‘unclaimed’ and
hence the term bona vacantia means ‘unclaimed or ownerless
goods
Bona vacantia, also known as "vacant goods" or "ownerless
goods" refers to property that does not have a clear owner.
Bona vacantia property may have been abandoned, mislaid,
forgotten, or unclaimed by its rightful owner.
When someone dies without a will and no known heirs, bona
vacantia refers to the property of the deceased person's
estate.
Examples of unclaimed funds include unclaimed back wages,
life insurance funds, pension money, and tax refunds.
In the United States, each state maintains a database people
can use to search for unclaimed funds and assets belonging to
them
The precise handling of bona vacantia property varies
depending on the jurisdiction. In most cases, the property is
held by the government until the rightful owners or heirs
recover it
Illustration
INAM LANDS:
“Inam land” means any land (grant or as a gift), in respect of
which the grant in inam has been made, confirmed, or
recognized by the Government, Sec.2(c).
Inamdar was a feudal title prevalent before and during the
British Raj, including during the Maratha rule of Peshwa and
other rulers of India.
The title was bestowed upon the person who received lands
as Inam (grant or as a gift), rewarding the extraordinary
service rendered to the ruler of the princely state.
In the colonial age, the British enacted several laws which
defined the rights and obligations of Inamdar in their
territories, like the Madras Inams Act VIII of 1869. There was a
separate post of Inam Commissioner to look after revenue
and records of Inam lands. There were certain Inam lands
which were known as Pargana Watan Inam Lands
3.1x[9th] schedule of constitution?
Ans. The 9th schedule was drafted by the first government of
independent India in the tenure of J L Nehru. It represents a drastic
but innovative technique of amending the Indian Constitution. It is
a method to bypass the judicial review and judicial scrutiny. Any act
which is added under the 9th schedule gets resistant from any
encroachment from judiciary even if it infringes the fundamental
rights of an individual.
Objectives
1.To implement various land reforms, after independence.
2.Abolition of Zamindari system in order to put an end to
feudalistic society and to provide a pavement for socialism to take
its place.
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To enable local control, the role of the Governor and the State
are subject to significant limitations in Sixth Schedule areas
5.Ryotwari settlement?
Ans. Ryotwari System
Ryotwari System was introduced by Thomas Munro in 1820.
This was the primary land revenue system in South India.
Major areas of introduction include Madras, Bombay, parts of
Assam and Coorg provinces of British India.
In Ryotwari System the ownership rights were handed over to
the peasants. British Government collected taxes directly
from the peasants.
The revenue rates of the Ryotwari System were 50% where
the lands were dry and 60% in irrigated land.
Though ownership of land was vested with the farmers,
excessive tax impoverished them. Furthermore, the tax rates
were frequently increased.
6.Absolute & Limited ownership?
Ans. Absolute and Limited Ownership:
An absolute owner is the one in whom are vested all the
rights over a thing to the exclusion of all. When all the rights
of ownership, i.e. possession, enjoyment and disposal are
vested in a person without any restriction, the ownership is
absolute.
But when there are restrictions as to user, duration or
disposal, the ownership will be called a limited ownership.
For example: prior to the enactment of the Hindu Succession Act,
1956, a woman had only a limited ownership over the estate
because she held the property only for her life and after her death;
the property passed on to the last heir or last holder of the
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10.Title deed?
Ans. Title deed:
A title is described as the ‘legal right to own something,
especially land or property; the document that shows you
have this right
when you buy a property, you attain legal ownership over the
asset though a formal process known as property registration.
Through this process, the ‘title’ of the property is transferred
in your name. The document through which this process
legally takes place, is known as the sale deed
the title deed is a statement that only pertains to the rightful
ownership over a particular property. The title deeds also
speak of the rights and obligations of the owner.
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11.patta?
Ans. A Patta is a crucial document which tells about the
ownership of a particular property. It indicates about the person
who has the rights to the property. For this reason, it is also
known as “Record of Rights (ROR)”. The person who has his
name registered in the Patta is considered to be the owner to be
that property called as pattadar
Patta is a legal document which has been issued by the
appropriate government
Patta establishes the ownership of a person over a particular
piece of land
The name on a Patta Land is a sufficient document to prove
that the land belongs to the named person and that the
owner of that property.
12.Protected tenants?
Ans. A protected tenant (or a statutory tenant) is a tenant whose
possession is continuing after expiry of tenancy agreement with
landlord but because of statutory protection the rights of landlord
to recover possession from him have been restricted.
A tenant gets protection of statute when the statute provides
so. In the Rent Control Legislations, it is provided that the
tenant cannot be evicted except on the grounds of eviction
provided thereunder. So despite expiry of the agreed period
of tenancy, such a tenant can be evicted only on the proof of
existence of any ground of eviction provided in the relevant
Rent Act
No time limit is prescribed under any law for commencement
of a statutory tenancy but it will ensue on the expiry of the
agreed period of tenancy.
A landlord is always entitled for rent from all tenants
including statutory tenants. If a statutory tenant defaults in
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13.Assigned land?
Ans. Assigned land is a parcel of land allotted by the government
to landless poor for agriculture purposes
Farmers do not have any powers to sell or transfer the land to
other parties and if they resort to any such activity it would be
illegal
However, there have been several instances of farmers selling
their assigned land parcels to private parties in the last 20 years
As per the Telangana assigned lands prohibition of transfer act
1977 sale or alienation or transfer pf assigned land is both civil
and criminal offence and a tahsildar can take action
PREPARED BY
SUMAIYA MEHMOOD