The Supreme Court holds testamentary disposition of agricultural land to a non-agriculturist through a "Will" is void - Synopsis
Parul Madaan 17 Jun 2020

In the case Vinod Chandra Sakarlal Kapadia vs State Of Gujrat &Ors., the issue was whether Section 63 of the Bombay Tenancy and Agricultural Lands Act, 1948 (called as ‘the Act') forbids agriculturist from transferring his land to a non- agriculturist through “Will”,' or whether Section 43(1) of the Act prohibits the transfer of any land or interest acquired by a tenant under Sections 17B, 32, 32U, 33(1) or 88E or sold by testamentary disposition to any person under Section 32P or 64 of the Act by the execution of a Will.

It was held that the common thread running through earlier decisions was to interpret the prohibition against transfer in the various statutes in accordance with the legislative intention. It was held that where the intent of the law is to prevent a mischief and to provide protection to the weaker sections of society, the court should not hesitate to place an extended, even stretched, definition on the word if, in doing so, the statute succeeded in achieving the desired goal. It was held that the restriction of transfers of holdings without the prior permission of the authority involved is to be seen in this way as furthering the purpose of the legislation. It was also held that even if the expression "assignment" is understood as having the testamentary disposition in compliance with the settled principles the incidental violation cannot make the said provisions invalid. It was maintained that the statute and the clauses involved were completely beyond the competence of the State Legislature and that no transgression would result from the creation of the expression "assignment" to include testamentary disposition.



C2RMTo Know More

Something Awesome Is In The Work









Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.

SAARTHTo Know More

Launching Soon : SAARTH, your complete client, case, practise & document management SAAS application with direct client chat feature.

If you want to know more give us a Call at :+91 98109 29455 or Mail