Legal Question in Real Estate Law in India
My father has agricultural land on the outskirts of Surat city in Gujurat state which was passed onto him by my grandfather. For the last 30 years or more the land was allowed to be cultivated by certain individuals and is still currently been cultivated by the same individuals. My father now intends to sell all his land. However the individuals who have been cultivating the land insist that there is a law which stipulates that when the land is sold, they are legally entitled by law to half of the amount of money the land is sold for. Is this true? Is there any recently inacted law in gujurat state that stipulates that any proceeds from land sold shoud be shared by half to the current individuals cultivating the land?
2 Answers from Attorneys
17.03.2013
Dear Sir / Madam,
As already mentioned, there is no such rule or law that half of the sales proceeds should be given to the cultivators. The law specifies that if the farmers are not paid salary, then one third of the agricultural produce should be given to them as consideration. But, it does not apply to sale of the land.
Regards,
FCA Prashant Chavan
Mumbai
(You can also mail me for any further on-line advice at [email protected])
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