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Section 32 of Bombay Tenancy and Agricultural Land act 1948
04-Oct-2023 (In Civil Law)
A Person is Tenant of the Land from 1935 to 1949. In 1949, Landlord mortgage the land to Tenant with usufructury mortgage for 10 years. As per section 25A of BT and AL act 1948, his tenancy will remain in abeyance till mortgage subsists i.e. till the year 1959. After mortgage period is over, tenancy rights will revive.
My question is under which section of BT and AL act tenant is eligible to purchase the land? Can he purchase the land under 32G of BT and AL act? Please advice
Bombay Tenancy & Agricultural Lands Act has not placed any restriction on a tenant from either purchasing the land or being the mortgagee of the land. Thus, if the tenant is solvent enough to give money on mortgage to the landlord, he can give and at the same time, he can act as a Mortgagee and a tenant too.
If the Mortgagor fails to make the payment within a time bound period as agreed between him and the tenant who is a mortgagee, then the tenant will secure the ownership of the land and will no longer remain the Mortgagee. The moment, he had given his land on mortgage, he would have surrendered his status as that of a tenant & would have become a Mortgagee.
As far as your question is concerned, Bombay Tenancy & Agricultural Lands Act has not placed any restriction on the tenant from either purchasing the land or if he wants to become the mortgagee, provided that, his status as of a tenant no longer remains the same when he either purchases the land or becomes the Mortgagee to secure the land.
If the Mortgagor fails to make the payment within a time bound period as agreed between him and the tenant who is a mortgagee, then the tenant will secure the ownership of the land and will no longer remain the Mortgagee. The moment, he had given his land on mortgage, he would have surrendered his status as that of a tenant & would have become a Mortgagee.
As far as your question is concerned, Bombay Tenancy & Agricultural Lands Act has not placed any restriction on the tenant from either purchasing the land or if he wants to become the mortgagee, provided that, his status as of a tenant no longer remains the same when he either purchases the land or becomes the Mortgagee to secure the land.
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Adv. Pankaj Bajaj
Mumbai | 500+ Answers
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