Devolution and transfer of tenanciesCentral

Section 25 of The Ajmer Tenancy and Land Records Act, 1950

Interest of a tenant, if heritable and transferable.

The interest of an occupancy tenant, an exproprietary tenant, a hereditary tenant find a non-occupancy tenant is heritable, but is not transferable, otherwise than by sublease as hereinafter provided, or by transfer or surrender to a co-tenant.

Summary

This provision clarifies that the interest a tenant has in their land is something that can be passed down to their family.
It applies to all major classes of tenants, including occupancy, exproprietary, hereditary, and non-occupancy tenants.
While the land interest can be inherited, the law generally forbids a tenant from selling or transferring it to someone else.
The only way a tenant can legally transfer their interest to others is through a sub-lease, as long as it follows the rules of the Act.
A tenant is also allowed to transfer or surrender their interest specifically to a person who is already a co-tenant on the same land.

Practical examples

1Gopal is a hereditary tenant who passes away in 1953. His son, Ravi, is allowed to take over the tenancy under Section 25 of the Ajmer Tenancy Act because the interest is heritable.

2Sita wants to sell her occupancy rights to a stranger to pay for her daughter's wedding in 1954. Under Section 25 of the 1950 Act, she is not allowed to do this because the interest is not transferable to outsiders.

3Ram and Shyam are co-tenants of a field. Ram decides he no longer wants to farm and gives his share to Shyam. This is a legal transfer under Section 25 of the Ajmer Land Records Act.

FAQ

1. Can my children inherit my farm tenancy under Section 25 of The Ajmer Tenancy and Land Records Act, 1950?

Yes, Section 25 of the Act states that the interest of occupancy, exproprietary, hereditary, and non-occupancy tenants is heritable.

2. Can I sell my tenancy to a neighbour under Section 25 of the Ajmer Tenancy Act?

No, Section 25 of the Act says that a tenant's interest is not transferable except by sub-lease or by transfer to a co-tenant.

3. Does Section 25 of the 1950 Act apply to sub-tenants?

Section 25 of the Act specifically lists occupancy, exproprietary, hereditary, and non-occupancy tenants, but it does not list sub-tenants as having heritable interests.

4. Is a sub-lease allowed under Section 25 of the Ajmer Land Records Act?

Yes, Section 25 of the Act allows for transfers by sub-lease as provided later in the law.

Test yourself

Q1.Under Section 25 of The Ajmer Tenancy and Land Records Act, 1950, a tenant's interest is described as:

Q2.To whom can a tenant legally transfer their interest under Section 25 of the Ajmer Tenancy Act?

Q3.Which class of tenant is NOT specifically mentioned as having a heritable interest under Section 25 of the 1950 Act?

Q4.If a tenant tries to sub-let their holding, are they violating the general non-transfer rule of Section 25 of the Ajmer Land Records Act?

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