Bare ActsThe Bombay Tenancy and Agricultural Lands Act-1948

Section 26

Amendment status not verified — confirm the current text below against the official source.

(1) In the absence of an express intimation in writing to the contrary by a tenant, every payment made by a tenant to the landlord shall be presumed to be a payment on account of rent due by such tenant for the year in which the payment is made. 4[(2) When any amount of rent is received in respect of any land by a landlord or by a person on behalf of such landlord, the landlord or, as the case may be, the person shall at the time, when such amount is received by him, give a written receipt therefor in such form and in such manner as may be prescribed.] 5[27. (1) 6[Save as otherwise provided in section 32F no sub-division] or sub-letting of the land held by a tenant or assignment of any interest therein shall be valid: Provided that nothing in this sub-section shall prejudicially affect the rights of a permanent tenant: Provided further that if the tenant dies,− (i) if he is a member of a joint family, the surviving members of the said family, and (ii) if he is not a member of a joint family, his heirs, shall be entitled to partition and sub-divide the land leased subject to the following conditions :- (a) each sharer shall hold his share as a separate tenant, (b) the rent payable in respect of the land leased shall be apportioned among the shares, as the case may be, according to the share allotted to them, (c) the area allotted to each sharer shall not be less than the unit which the State Government may, by general or special order, specify in this behalf having regard to the productive capacity and other circumstances relevant to the full and efficient use of the land for agriculture.

Section 26 – The Bombay Tenancy and Agricultural Lands Act-1948 | DailyLaw.ai