Land Laws: Important Questions: Long Questions:: Page 1 of 23

Download as pdf or txt
Download as pdf or txt
You are on page 1of 23

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?
Page 2 of 23

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

 A, the owner of a huge estate dies intestate and without any


living legal heirs. His property will be considered bona
vacantia.
Application
Page 3 of 23

 The legal maxim of Bona Vacantia is used in situations where


the property is left without a clear owner. The owner of the
product is not known. The property is treated in different
ways in such types of situations.
 It is seen that in most cases the goods are stated to be the
property of the government. However, if the rightful owner is
found then the goods are returned to the owner.
There are common situations where a property or asset can
become bona vacantia. Examples of this include:
 When a person dies without a will and no known heirs or next
of kin
 When a business or unincorporated association dissolves and
the assets thereof are not distributed appropriately
 When a trust fails (frequently because estate assets have not
been correctly identified and added to the trust)
 When the property owner moves without leaving any contact
information
CASE LAW:
 In the case of Narendra Bahardur Tandon v. Shankerlal the
apex court observed that if the company on the date of
dissolution had any interest in the lease then such interest
vests upon the government by escheat or as bona vacantia.

2. Andhra Pradesh land reforms (ceiling on agriculture holdings) Act


1973?
Ans. A.P LAND REFORMS (CEILING ON AGRICULTURAL HOLDINGS)
ACT, 1973:
Salient features of the Act:
Page 4 of 23

1. As per the Preamble of the Act, the object of the Act is to


consolidate and amend the law relating to the fixation of ceiling
on agricultural holdings and taking over of surplus lands and to
provide for the matters connected therewith.
2. The Act, which consists of 30 Sections, has come into
force with effect from the date of notification i.e.,
1.1.1975 although the assent of President was published on
1.1.1973
3. As per Section 2 of the Act, it gives effect to the Directive
Principles of State Policy specified in Clauses (b) and (c) of Article
30 of the Constitution of India.
The following are the salient features of the land reform (ceiling on
agricultural holdings) Act 1973:
The object of the Act is to consolidate and amend the law relating
to fixation of ceiling on agricultural holding and taking over surplus
land.
 Section 2 declares that it gives effect to the DPSP specified in
clauses B & C of Article 30 of the constitution of India.
 The act puts a ceiling area in respect of a family unit consisting
of not more than 5 members to an extent of a land equal to
one standard holding. In case of family units consisting of
more members the ceiling area is and extent of land equal to
one standard holding plus and additional extend to one fifth
of one standard holding of every excess member subject to a
max not exceeding to two standard holding that is 10
members.
 The act contains a provision to increase the limit of ceiling
area in respect of family units or individuals who have one or
more major sons who has no land
Page 5 of 23

 Section 5 of the Act provides the standard holdings for


different class of lands and the manner of such computation
of standards.
 The Act empowers the Govt. to constitute tribunals with
specified jurisdictions
 The Act imposes a duty on the persons who’s land holdings
exceeds the specified limit to make a declaration of such
holdings and surrender such excess land the position of which
vests in the authorized revenue officer
 The Act provides special provisions for protected tenants
 The Act U/S 17 prohibits alienation of holdings in respect of
excess land by any manner.
 Section 18 of the Act requires the declaration of future
acquisition of and in any manner.
 The Act U/S 20 and 21 provides for making an appeal or
revision before the authorised authority.
 Section 23 of the Act provides exception from the applicability
of the Act to the lands held by the state or central Govt or any
local authority or religious charitable or educational
institution or a waqf of a public nature.
 Section 24 provides for penalty in case of failure to furnish a
declaration or for contravention of the provisions of the Act
 The Act bars jurisdiction of the civil court in respect of the
matter covered by it.
 The Act empower the Govt to make necessary rules and to
remove difficulties and giving effect to the provisions of the
Act.
3.Land Acquisition act 1894?
Ans. LAND ACQUISITION ACT 1894
 The Land Acquisition Act of 1894, allows the Indian
Government to acquire the private land in the country. Under
Page 6 of 23

this Act, “Land Acquisition” means acquiring land for any


public purpose by the government or its agency, as authorized
by law, from the individual landowners after paying a fixed
compensation for the land
 According to this Act, the state has the power to exercise its
right of eminent domain wherein it is the ultimate owner of
all the Land which it can acquire for public purposes after
paying full compensation calculated on the basis of market
value
 Despite numerous amendments to the Act after
independence, the two basic principles of land acquisition,
that is, a). Public purposes and b). Compensation on Market
Value remains unchanged
 As per the 1894 Act, land can be acquired either under Part-II
or Part-VII of the Act land acquisition under Part-II is entirely
for “Public Purpose”, acquisition under Part-VII can be for
both “Public Purpose” and “Non-public Purpose”, although
the scope for “Non-public
Purpose” is very limited
Land Acquisition Under Part-II
Under this part, acquisition process involves the following steps:
NOTIFICATION: The land acquisition process starts with issuing of a
preliminary notification in the Official Gazette in two locally
circulated newspapers. Also, the collector is to ensure the “public
notice of the substance of such notification” to be given at a
convenient place in the locality. This notice:
 Makes it lawful for an authorized officer to enter and inspect
the land specified in the notice without the owner’s
permission.
Page 7 of 23

 Alerts the owner not to invest any money or labour on any


improvements to his land without the Collector’s consent and
Informs the public not to acquire any interest in such land
FILING OF OBJECTIONS: Owners and the people who have interest
in the land are then required to file their objections if any within 30
days of the issuing of the notice. These objections are to be
submitted to the collector and the collector shall give an
opportunity of being heard to all those people who raise
objections.
DECLARATION: After the government takes the decision, a
declaration is issued under Sec 6(1) and this declaration must be
given equal publicity as the preliminary notification. According to
this Act, this declaration shall be issued within one year from the
date of issuing of preliminary notification.
NOTICE TO INTERESTED PARTIES: After the declaration, the notified
land is planned and measured as per Sections 7 and 8 of the Act. A
notice is issued by the collector to all the landowners and the
parties having interest in that land to information about
government’s intention to acquire their land and also to call for
claims for compensation.
ENQUIRY AND AWARD: After the notice is issued, collector
conducts an inquiry into the objection raised and accordingly an
award is given. The award contains an area of the notified land,
compensation payable and the share of all the interested persons
in the compensation. This award should be made within two years
from the date of declaration or else under Sec 6 the acquisition
proceedings will lapse.
ACQUISITION: After the award is made the government acquires
the land and immediately takes the possession of the land after
paying appropriate compensation.
Page 8 of 23

COMPENSATION: The compensation should be based on the


market value of the land. If the payment of compensation is
delayed even after the acquisition of the land, then an interest of
12% per annum shall also be given. In addition to that, a solatium
equivalent to 30% of the market value shall also be given.
Land Acquisition Under Part VII
Under part VII, land can be acquired for non-governmental
companies. Unlike Part II, where compensation is granted wholly or
partly, but under Part VII, a company is bound to pay the entire
amount of compensation for the notified land. Basically, the
process of land acquisition under Part VII is similar to that Part II,
but there are two major exceptions. The exceptions are related to
the company in following ways:
 Getting government’s consent under Sec 6 (1)
 Entering into an agreement with the government before the
declaration is issued under Sec 6(1)
4.A.P Land Grabbing [prohibition] act?
Ans. A.P LAND GRABBING (PROHIBITION) ACT
Salient features of the Andhra Pradesh/Telangana Land Grabbing
(Prohibition) Act, 1982:
 The Telangana Land Grabbing (Prohibition) Act, 1982 is a
penal law and its object is to prohibit the activity of land
grabbing in the State of Telangana and to provide for matters
connected therewith.
 The Act consists of 17 Sections followed by Sections 7A, 17A
and 17B and one schedule.
Section 1: The Act extends to the whole of the State of Telangana
and is applicable to all lands situated within the limits of Urban
Page 9 of 23

Agglomeration or any other lands notified by the Government. The


Act shall be deemed to have come into force on the 29th June 1982.
Section 2: The Act the terms like Government, land, land belonging
to a private person, land grabber, land grabbing, notification,
person, prescribed, schedule, a special court, special Tribunal and
unauthorized structures are defined. In Mandal Revenue Officer vs.
Goundla Venkaiah, it has been held that the Act deals with all types
of land grabbing, whether the land is public or private.
Section 3: The Act declares that land grabbing in any form is
unlawful and is an offence punishable under the Act.
Section 4: The Act prohibits land grabbing and makes any
continuous occupation of grabbed land belonging to the
Government, Local Authority, Religious or Charitable Institution or
Endowment or Wakf or a private person, by any person otherwise
than as a lawful tenant, is an offence and provides specified
punishments, for such acts.
Section 5: The Act provides penal provisions for sale or allotment or
offering or advertising for sale or allotment of the grabbed land.
Section 6: The Act extends the penal provisions in respect of
offences committed by a company.
Section 7: The Act empowers the Government to constitute special
courts or tribunals for the purpose of land grabbing matters.
Section 8: The Special Court may, either suo-motu or on an
application made by any person, officer or authority take
cognizance of and try every case arising out of any alleged act of
land grabbing.
Section 9: The Act envisages that the Special Courts will have the
powers of the civil courts and the courts of the session.
Page 10 of 23

Section 10: Once a land alleged to be grabbed comes before a


special court, the burden of proof lies on the person so alleged to
establish that the land has not been grabbed by him.
Section 17: The Act makes null and voids all the transaction relating
to any alienation of land grabbed or any part thereof by way of
sale, lease, gift, exchange, settlement, surrender, usufructuary
mortgage or otherwise.
Section 17-A: The Act empowers the special court to review its own
judgment to prevent the miscarriage of justice
5.Land Reform Measures?
Ans. LAND REFORM: Land reform refers to efforts to reform the
ownership and regulation of land in India or those lands which are
redistributed by the government from landholders to landless
people for agriculture or special purpose is known as land reform
 The Britishers in India were not at all keen in adopting
progressive land reforms measures for the rural farmers. This
had given the Zamindars and the big landlords a golden
opportunity to exploit the rural poor to a great extent.
 It was only after independence that serious efforts were made
to introduce land reforms measures.
The Land Reforms of the independent India had four components:
 The Abolition of the Intermediaries
 Tenancy Reforms
 Fixing Ceilings on Landholdings
 Consolidation of Landholdings.
1.Abolition of Intermediaries:
 Abolition of the zamindari system: The first important legislation
was the abolition of the zamindari system, which removed the
Page 11 of 23

layer of intermediaries who stood between the cultivators and


the state.
 The reform was relatively the most effective than the other
reforms, for in most areas it succeeded in taking away the
superior rights of the zamindars over the land and weakening
their economic and political power.
 The reform was made to strengthen the actual landholders, the
cultivators
TENANCY REFORMS:
 After passing the Zamindari Abolition Acts, the next major
problem was of tenancy regulation.
 The rent paid by the tenants during the pre-independence period
was exorbitant; between 35% and 75% of gross produce
throughout India.
 Tenancy reforms introduced to regulate rent, provide security of
tenure and confer ownership to tenants.
 With the enactment of legislation (early 1950s) for regulating the
rent payable by the cultivators, fair rent was fixed at 20% to 25%
of the gross produce level in all the states except Punjab,
Haryana, Jammu and Kashmir, Tamil
Nadu, and some parts of Andhra Pradesh.
 The reform attempted either to outlaw tenancy altogether or to
regulate rents to give some security to the tenants
CEILING ON LAND HOLDINGS:
 The third major category of land reform laws were the Land
Ceiling Acts. In simpler terms, the ceilings on landholdings
referred to legally stipulating the maximum size beyond which
no individual farmer or farm household could hold any land. The
imposition of such a ceiling was to deter the concentration of
land in the hands of a few.
Page 12 of 23

 In 1942 the Kumarappan Committee recommended the


maximum size of lands a landlord can retain. It was three times
by 1961-62, all the state governments had passed the land
ceiling acts. But the ceiling limits varied from state to state. To
bring uniformity across states, a new land ceiling policy was
evolved in 1971.
 In 1972, national guidelines were issued with ceiling limits
varying from region to region, depending on the kind of land, its
productivity, and other such factors. the economic holding i.e.
sufficient livelihood for a family.
CONSOLIDATION OF LAND HOLDINGS:
 Consolidation referred to reorganization/redistribution of
fragmented lands into one plot.
 The growing population and less work opportunities in non-
agricultural sectors, increased pressure on the land, leading to
an increasing trend of fragmentation of the landholdings.
 This fragmentation of land made the irrigation management
tasks and personal supervision of the land plots very difficult.
This led to the introduction of landholdings consolidation.
 Under this act, if a farmer had a few plots of land in the
village, those lands were consolidated into one bigger piece of
land which was done by either purchasing or exchanging the
land.
6.Intermediaries?
Ans. INTERMEDIARIES:
 It means mediators during britishers period intermediate is
provided in villages they use to purchase goods from the
farmers in the villages
 It was convenient for farmers to go to the market directly and
transport his goods it has become costly for him to arrange
Page 13 of 23

transport for few bags of grains but by providing


intermediaries this problem from many farmers is solved
 Intermediaries use to buy goods which is in excess from many
farmers collectively transport by trucks to market
 This policy was convenient for farmers but there were
exploitation intermediaries used to buy goods at very less
price from farmers and sell it with heavy profit
 After independence intermediaries were abolished and direct
market was made available to farmers it main objective was
to prevent exploitation the farmers in village
 Farmers have the right to sale their goods at reasonable rate
at any market and there are no intermediaries to force them
to sale the goods
SHORT ANSWERS:
1.Doctrine of Eminent Domain?
Ans. DOCTRINE OF EMINENT DOMAIN:
 The doctrine of Eminent domain, in its general meaning,
means the supreme power of the government under which
property of any individual can be taken over in the concern of
the general public
 However, over the years such taking over the property by the
government has been made conceivable only after
recompensing the land proprietor of such property.
 Thus eminent domain clarified as the power of the
government to take over the property of a secluded person
when it is wanted for a public purpose, an example would be
if they were trying to build a highway.
 Eminent Domain is the power of the sovereign to acquire the
property of an individual for public use without the necessity
of his consent. This power is based on the sovereignty of the
Page 14 of 23

State. Payment of just compensation to the owner of the land


which is acquired is part of the exercise of this power.
 Payment of compensation, though not an essential ingredient
of the connotation of the term, is an essential element of the
valid exercise of such power as no person shall be deprived of
his property save by authority of law as per Article 300A of
the constitution of India. An incidental limitation of this
power is that the property shall not be taken without just
compensation
2.Jagirs & Inam lands?
Ans. JAGIRS:
 A jagir also spelled as jageer, was a type of feudal land grant
in the Indian subcontinent at the foundation of its Jagirdar
(Zamindar) system.
 It developed during the Islamic rule era of the Indian
subcontinent, starting in the early 13th century, wherein the
powers to govern and collect tax from an estate was granted
to an appointee of the state
 The jagirdar system was introduced by the Delhi Sultanate,
and continued during the Mughal Empire, but with a
difference. In the Mughal times, the jagirdar collected taxes
which paid his salary and the rest to the Mughal treasury,
while the administration and military authority was given to a
separate Mughal appointee.
 After the collapse of Mughal Empire, the system of jagirs was
retained by Rajput, Yadav, Jat, Saini and Sikh jat kingdoms,
and later in a form by the British East India Company.
 The jagir grants were of several kinds and were known by
different names, including jagir, an area of neighboring towns
or villages with an administrative paigah, agrahar, umli,
mukasa, inam, and maktha.
Page 15 of 23

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.
Page 16 of 23

3.To immunize certain legislations which act as a blockade in


bringing reforms and that have the potential to infringe
fundamental rights.
4.To uphold the interests of weaker sections of the society by
bringing them at par with the other sections of the society.
5.To meet the constitutional goal of establishing an egalitarian
society and to reduce the concentration of land in few hands by
dividing it into the farmers
4.Scheduled areas?
Ans. Scheduled Areas are areas in India with a preponderance of
tribal population subject to a special governance mechanism
wherein the central government plays a direct role in safeguarding
cultural and economic interests of scheduled tribes in the area. The
authority to create and administer Scheduled Areas stems from the
Fifth and Sixth Schedules of the Constitution of India.
 The Fifth Schedule protects tribal interests in the states other
than Assam, Meghalaya, Tripura and Mizoram, while the Sixth
Schedule protects tribal interests in those four states excluded
in the Fifth Schedule
 In Scheduled Areas declared so under the Fifth Schedule, the
governor of the state has special responsibilities with respect
to tribal populations in the area including issuing directives to
the state government and limiting the effect of acts of the
central or state legislature on the Schedule Area.
 On the other hand, in Scheduled Areas declared so under the
Sixth Schedule, the emphasis is on self-rule; tribal
communities are granted considerable autonomy, including
powers to tribal communities to make laws and receive
central government funds for social and infrastructure
development.
Page 17 of 23

 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
Page 18 of 23

property. Another example of limited ownership in English law is


life tenancy when an estate is held only for life.
The concept of life tenancy under English law is a classic example of
limited ownership. Hindu law too recognizes limited ownership.
When a Hindu widow is made the owner of her husband’s property
so long as she remains alive after which the property shall pass on
to the legal heirs, the ownership of the widow is limited ownership.
CASE LAW- SASHI KANTA V/S PROMODE ROY & ORs.
 The Calcutta high court has pointed out the difference
between vested and contingent interest over the property.
 In this case, it was held that in the vested ownership there is
the immediate right of present enjoyment or present
presented future enjoyment but if the right of enjoyment is
made to depend upon some event or conditions, which may
or may not happen, then it’s contingent ownership between
its depend on any conditions.
7.Doctrine of Escheat?
Ans. DOCTRINE OF ESCHEAT:
 Escheat means having no heirs, succession of property can be
done by heirs and also distant kindred. If there are no heirs
and distant kindred, then succession is done by respective
state government.
 According to doctrine of Escheat. Therefore, government is
also like heirs to make succession on principles when there
are no actual heirs, therefore rule of escheat also gives power
to government retaking to properties.
 Escheat is a government’s right to property if it is unclaimed
for any reason after a period of time. Escheat rights can be
granted by a court of law or given following a standard time
period
Page 19 of 23

Doctrine of Escheat also finds mention in Article 296 of the


Constitution.
“Article 296 – Subject as hereinafter provided, any property in
the territory of India which, if this Constitution had not come
into operation, would have accrued to His Majesty or, as the
case may be, to the Ruler of an Indian State by escheat or lapse,
or as bona vacantia for want of a rightful owner, shall, if it is
property situate in a State, vest in such State, and shall, in any
other case, vest in the Union.”
CASE LAW- Biswanath Khan and Ors. v. Prafulla Kumar Khan
 The right to acquire by way of escheat or as bona vacantia
is not a creature of any Private Law of Succession but is an
attribute of Sovereignty. It is true that Statutory provisions
of Private Law of Succession such as Section 29 of Hindu
Succession Act sometimes expressly recognize right of the
State to acquire properties by escheat or as bona vacantia.
But that right would have been very much there even
without any such provisions.
8.Land grabbing?
Ans. The term "land grabbing" is defined as very large-scale land
acquisitions, either buying or leasing
 Land grabbing is the contentious issue of large-scale land
acquisitions the buying or leasing of large pieces of land by
domestic and transnational companies, governments, and
individuals.
 While used broadly throughout history, land grabbing as
used in the 21st century primarily refers to large-scale land
acquisitions following the 2007–08 world food price crisis.
Obtaining water resources is usually critical to the land
acquisitions, so it has also led to an associated trend of
Page 20 of 23

water grabbing. By prompting food security fears within


the developed world and new found economic
opportunities for agricultural investors, the food price crisis
caused a dramatic spike in large-scale agricultural
investments, primarily foreign, in the Global South for the
purpose of industrial food and biofuels production.
 Although hailed by investors, economists and some
developing countries as a new pathway towards
agricultural development, investment in land in the 21st
century has been criticized by some non-governmental
organizations and commentators as having a negative
impact on local communities. International law is
implicated when attempting to regulate these transactions
9.Tenants?
Ans. Tenancy is a kind of ownership over the property. A tenant is
someone who is permitted to occupy the property of another
person, by signing a lease or rental agreement.
 The rental agreement empowers the tenant in some ways but
also restricts them from taking overall legal ownership of the
property. With the agreement in place, both, the tenant and
the landlord know their roles, rights and responsibilities.
Rights of a tenant
 The Rent Control Act establishes the rights of tenants too. By
elaborating their rights and obligations, the Act protects their
position as a tenant.
Cannot be evicted unfairly
 Unless the tenant has violated the clauses mentioned in the
rental agreement, a landlord cannot legally evict them. While
the reasons allowed for evictions may be different from state
Page 21 of 23

to state, it may be easier to say that landlords cannot evict


tenants on their own whims and fancies.
Right to pay a fair rent
 The rental value of a property is generally about 8%-10% of
the property. Since there is no upper limit to how much rent
can be demanded, landlords may fix it on their own, or on the
basis of existing rental rates. If, at any moment, the tenant
feels that the rent revision has been unreasonable, he/she has
the right to approach the court.
Right to essential services
 Basic amenities cannot be denied to the tenant. This includes
the right to fresh water supply, electricity, etc. Unless there
are reasons beyond the control of the landlord, these services
cannot be withdrawn, even if the tenant has failed to pay the
rent.

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.
Page 22 of 23

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
Page 23 of 23

payment of rent, he can be got evicted as non-payment of


rent is a ground of eviction in all the Rent Legislations.

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

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy