Ramdayal Gupta
in Agricultural Law Property Law Civil Law
Asked May 17, 2017

Can land rented for 99 years be taken back

  • 1 Answer
  • 157 Views

We had given agricultural land on rent in 1995 for 99 years with mentioning in the rent agreement that he can change the use of the land in future and even for non agricultural purpose and had made an agreement on 20 Rs stamp paper and the document was not registered and this rent agreement will be applicable on legal heirs also and we have collected rent of 10 years each slab till today and we are getting the rent periodically and can we now get the land back from the person to whom we have rented?

Answer 1

 

 

 

Dear Sir/madam,

 

The rent agreement that you signed and approved, must contain a termination clause and the conditions for doing so. Fulfilling those conditions, you can opt out of the contract and claim the property back.

If the land use is changed then you need also approach the rent controlloing authority i.e. the office of the Collector of your concerned area.  Plus, you need to go to the collector office and confrm the current status of the propery alongwith the documents available with them. So that a clear picture regarding the property can be understood. The law is still not settled in india to lease the agricultural land. Also, it is not that easy to change land from agricultral land to non-agricultural land, the collector does not allow such happenings. Therefore, if they are trying to do such a thing then you can take a legal action against it either before the collector or the magistrate court.

A 20Rs. Stamp paper does not suffice, for executing a rent agreement to go as long as 99 years. Plus it is not even registered – which makes it legally unsound. Such an unregistered agreement has no value in the eyes of law. Therefore, the said agreement contains no legal validity , if one of the undersigned want to approach the court for certain remedies, he/she is likely to have no remedy arising out of the rent agreement. Such rent agreements generally contains a clause saying – either party can terminate the contract by give the other party a one month notice period, to vacate the premises.

A lot of it depends upon the indvidual state specific laws and therefore falls a part of local laws. You need to go through your state local law regarding Agricultural Land & tenancy act once. For eg. States like Kerala has banned it completey.

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