Tenancy Laws in India

By: EconomyWatch   Date: 21 April 2010

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Tenancy Laws in India had been formulated to break the possession or occupation of land by the tyrants i.e some big landowners and the intermediates. After independence it was a big challenge to the Indian Government to redistribute the land among all the people related to cultivation directly.

  • Tenancy Agreements:

    Tenancy agreements had been established to protect land and small landowners from the tenants who had no direct relationship with land. The agreements are as follows:
    ]

    • Lease and License Agreement: This agreement allowed the tenants to capture a land for a particular amount of time which is eleven months. After that specific period, the contract could be renewed intermittently.So it is clear that this agreement talked mostly in favor of the tenants.
    • Lease Agreement: Unlike the lease and license agreement, this agreement allowed the tenants to capture the land for an indefinite period. The local executive or state government had the authority to fixe the amount of rent. So for different states the rent was different. The bad side of this agreement was that it might encourage the tenants to capture the land permanently.

  • Features of the Law:
    • The lease and license agreement had given the tenants a time period of eleven months and everything regarding the contract between the landowners and tenants should be recorded.
    • According to the contract, if the landowner or tenant wants to bring an end of the contract then a notice of three months has to be given.
    • Subleasing of land had not been entertained by the tenancy law.
    • After the adoption of agrarian reform the state Government was taking care of the land management. That is why the agreement between the farm owners and tenants had been guided by the state government only.
    • According to the tenancy law the landowners had to allow a ceaseless occupation of their land by the tenants throughout the period mentioned in the agreement.
    • The landowners had to sign in a non disclosure agreement. According to this, they couldn't disclose any information about any defect of the property.
  • Concluding Remarks:

The tenancy law in India had somehow helped the tenants to keep the possession of land. So, of late, the Government has started to demolish the land occupation by the tyrants. That's why the state government is relaxing the tenancy law so that the landowners can invest more. But in many states this law is still not very much helpful for the landowners.


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