Section 26 of The Ajmer Tenancy and Land Records Act, 1950
Prohibition against certain kind of transfer or sub-lease.
- (1)No tenant shall sub-let, or otherwise transfer, the whole or any portion of his holding in consideration of a debt, whether reserving or not reserving rent to be paid periodically.
- (2)No sub-tenant shall sub-let the whole or any portion of his holding.
Summary
- This provision strictly forbids any tenant from using their land or a part of it as security for a debt.
- It prohibits transferring a holding to a creditor even if the tenant continues to pay rent periodically.
- For the purposes of this rule, a well located on the holding is considered part of the holding itself.
- It places a complete ban on sub-tenants sub-letting any part of the land they are already renting.
Practical examples
FAQ
1. Can I sub-let my land to pay off a loan under Section 26 of The Ajmer Tenancy and Land Records Act, 1950?
No, Section 26 of the Act prohibits sub-letting or transferring any portion of a holding in consideration of a debt.
2. If I am a sub-tenant, can I let someone else use part of the farm under Section 26 of the Ajmer Tenancy Act?
No, Section 26 of the Act explicitly states that no sub-tenant shall sub-let the whole or any portion of his holding.
3. Does the restriction on transfers in Section 26 of the 1950 Act include wells?
Yes, the Act specifies that in Section 26, a "holding" includes a well on that holding.
4. Can I transfer land for a debt if I still promise to pay the landlord rent under Section 26 of the Ajmer Land Records Act?
No, Section 26 of the Act prohibits such transfers whether or not rent is reserved to be paid periodically.
Test yourself
Q1.Under Section 26 of The Ajmer Tenancy and Land Records Act, 1950, a tenant is prohibited from sub-letting their land in exchange for:
Q2.According to Section 26 of the Ajmer Tenancy Act, who is completely prohibited from sub-letting?
Q3.Under Section 26 of the 1950 Act, which of the following is specifically included in the definition of a "holding"?
Q4.Combined with the rules in Section 25 of the Ajmer Land Records Act, which of the following is a permitted transfer?