Can my maternal grandmother sell the Inam land?

601 votes

On the coming into force of the Inams Abolition Act, 1954 (‘Act of 1954’ for short) the lands in question lost the character of inam lands and the persons in whose favour occupancy rights were granted became superior holders or owners thereof of the said lands. All rights that existed prior to the Act of 1954 extinguished on the lands being vested in the Government, barring the right of certain tenants under the inamdar who were entitled to the limited right of continuing as tenants of the lands of which they were tenants immediately before the date of vesting.

2) a division bench of karntaka HC in MUNIYALLAPPA v. KRISHNAMURTHY 1977 (1) KAR LJ 700 while pronouncing on the scope and applicability of the Act in respect of agricultural lands in former inam villages, observed:

“Agricultural lands in former Inam villages are not excluded from the purview of the Land Reforms Act. The consequence vesting of inam lands in the State under the Inams Abolition Act is that the lands absolutely vested in the State and all rights of inamdar and tenants under him are extinguished and the only right of the inamdar and his tenants, whether Kadim tenant, permanent tenant or quasi – permanent tenant, is to make applications for grant of occupancy. The State thereafter when it grants occupancy under Sections 4, 5 and 6 or 9 of the Inams Abolitions Act, confers fresh title on the grantees of occupancy. All prior rights are extinguished, except as provided under Section 9A, where under in the case of other tenants they are entitled to continue as tenants of the lands of which they were tenants immediately before the date of vesting.”

3) Section 45 of the Karnataka Land Reforms Act, 1961 (‘the Act of ‘1961’ for short) which spells out the persons who are entitled to make an application for being registered as occupants. Section 45 of Act of 1961 reads:

“45. Tenants to be registered as occupants of land on certain conditions – (1) Subject to the provisions of the succeeding sections of this Chapter, every person who was a permanent tenant, protected tenant or other tenant or where a tenant has lawfully sub-let, such sub-tenant shall with effect on and from the date of vesting be entitled to be registered as an occupant in respect of the lands of which he was a permanent tenant, protected tenant or other tenant or sub-tenant before the date of vesting and which he has been cultivating personally.”

4) you have to file writ petition to challnge order of asst commissioner to take possession of the land .

Advocate Siddhant Sharma LawRato