Bengaluru:

The entry can be made without partition being effected among them, or an 11-E sketch obtained as regards area falling to the share of each individual family member, the court added.

The Karnataka High Court upheld the amendment brought to the Karnataka Land Revenue Act, regarding the entry of names of all family members of Kodava families in land records as occupants of the land, including Jamma Bane land.

The entry can be made without partition being effected among them, or an 11-E sketch obtained as regards area falling to the share of each individual family member, the court added.

Noting that there is no violation of law in bringing the amendment, Justice Suraj Govindaraj passed the order while dismissing a batch of petitions filed by Brigadier Maletira A Devaiah (retired) and others, questioning the legality of the amendment in terms of Section 20(2) of the Karnataka Land Revenue (III) Amendment Act 2011.

By way of amendment, the names of all members of the family would be entered into Column 9 of the RTC to recognise the rights of the entire family with respect of property owned, including Jamma Bane land.

The High Court directed the Kodagu district administration to issue a circular giving clarity and stating in detail the due process for entering names of joint family landowners into revenue records in terms of the amendment.

The petitioners have contended that the customary law of Kodavas restricts them from alienating the joint family property and there is no individual right for any member of the family in the joint family property.

The state, by way of the impugned amendment, has done away with the culture of Kodavas, thereby violating Article 51-A(f) of the Constitution, they claimed.

source: http://www.newindianexpress.com / The New Indian Express / Home> Karnataka / by Express News Service / August 03rd, 2024