State Enacts Legislation to Amend Mulageni Tenancy System


State Enacts Legislation to Amend Mulageni Tenancy System

Daijiworld Media Network - Bangalore (RD/CN)

Bangalore, Jan 16: A long-awaited legislation for amending land tenure system, more commonly known as Mulageni Land Tenancy system, was passed by both the Houses of Legislature recently.

Mulageni Tenancy System, which means tenancy of land in perpetuity, was introduced decades ago to satisfy the condition of land possession then. For more than a century, this system was not reformed due to the lackadaisical attitude of past political and ruling classes of society. Both the Mulagers (landlords) and Mulagenidars (tenants) suffered doubts of title ship of lands under this system thereby preventing development activity of any kind on such lands.

The recent developments in real estate have brought focus on these lands due to acute shortage of viable lands for residential/commercial development especially in urban areas. These lands, situated in Dakshina Kannada, Udupi and North Kanara and parts of Kodagu districts of the erstwhile Madras province during British rule, came under the Mulageni system.

The new enactment confers right on the Mulgeni tenants to become owners of the holdings in their possessions while giving compensation specified to the landlords.

The law seems to solve the problem without causing any pain, hardship, or loss to the landlord while the tenant earns what he justly deserves. The landlord is entitled to receive a compensation equivalent to 500 times the annual rent in the case where there is no restraint against alienation and in other cases the compensation would be 1,000 times the annual rent. The tenant shall be the absolute owner of the lease held in his possession when he deposits the amount.

The MLAs of coastal region of Karnataka have done a very laudable work in enacting this welfare legislation. Mulageni Okkalu Rakshana Vedike put a great effort towards enactment of this Bill.

  

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Comment on this article

  • tina, manglore

    Fri, Jul 03 2015

    its a wrong rule..lands were given to tenets to cultivate the land a decades back...but todays generation it is not the muladar who is torturing the mulagenis...it is mulageni who wants to sell the land on higher profit as th land price is gone high , without paying the muladar whose the actual owner.i feel muladars and mulageni should have equal rights on land. its easy to put a rule telling that the mulageni should pay 200times the annual rent..what idf rent is rs 10... what is mulagar going to get when he is the actual owner...the rent was fixed to rs 10 or 30rs decades back ...y dnt the govt increase the annual rent, bcoz during 100yrs back rs 10 had more value.....y the muladar should give the land at peanut price...what if mulageni land is not cultivated and just put compound walls...and waiting to for the land prices to hike...what ull have to say about those mulagenis...who is enjoying the muladars property...

    DisAgree [5] Agree [1] Reply Report Abuse

  • Deepak, Mangaore

    Mon, Sep 14 2015

    Basically, u mean the church can hold the land and expect higher price, but individuals should not hold and expect higher price?

    DisAgree [1] Agree [1] Reply Report Abuse

  • Mr.Gopalkrishna G.Uchil, Mangalore (S.K.)

    Fri, Jun 13 2014

    What is the difference between mulgeni and Chalgeni? It is good that Mulgeni Tenants Ownershio act has come into effect. Simlarly Chalageni holders also should become owners. My father is holding a piece of non-agricultural land,built a house and paying annual rent for over sixty years. Land lord is harassing to vacate. It will be good if CHALAGENI tenant also becomes the owner as in the case of Mulgeni tenant.

    DisAgree [7] Agree [3] Reply Report Abuse

  • Ganesh Shetty, Mangalore

    Mon, Nov 28 2011

    Based on educated mind people land should own by the mulagenidars, because situation will come as people will loose their homes as well as their happiness of leading life, Govt should take care of these innocent public who are leading their fruitfull life with many number of years in that land. Really thanking for those who are fighting in favour of MULAGENIDARS.

    DisAgree [4] Agree [16] Reply Report Abuse

  • Abraham Coutinho, Mundkur/Bombay

    Wed, Jan 19 2011

    Types of ownerships of land were - Datti, Daana, Umbali, Inam etc given by Kings in perpetuity to Mutts, Temples or People as the case may apply. Then there was no Government as such of this day. It was Tamra or Tada Patra documents.

    Upon Tippu's death Kodagu and D.Canara came into British hands. Lands measured. Documented. Patta given. Patta Dhara gave his land to tenants on Chalageni which is temporary, renewable and terminable. While for obvious reason/stamp duty/registration problem, the land sold was named as "Moola Geni" and documented as such. Such buyer naturally should hold title/right in perpetuity. The mistake here is calling the "Wife" as " Mother of my children" which does not confer the status of Wife to the women. Thus, Buyer of Land is called Moola Geni tenant.

    In the past Land Reformation Act (Vakkalu Masoode) the farmers/tillers became owners by Declaration and compensating. But the Act probibited giving declaration to Trust/ Mutt land. So also due to lac of knowledge the Moola Geni holder did not give Declaration thinking he is the owner in perpetuity. So, still the sellers name,title, right remained in the documents as owner and that of buyers as tenant. It went well so far. Now that the land prices have gone up things went wrong.

    These problems are now corrected by the Karnataka Govt. by amendment of law. Congrats to Moola Geni Vokkalu Rakshane Vedike members for their good efforts and to the Govt. for doing justice at last.

    DisAgree [3] Agree [13] Reply Report Abuse

  • Pradeep, Mangalore

    Wed, Jan 19 2011

    Now it is very easy for Mr. Palemar to buy left over lands from Mulaganedar's for a penut price. Thats why he was putting his part of efforts to make this law.

    DisAgree [2] Agree [7] Reply Report Abuse

  • Lawrence, USA

    Tue, Jan 18 2011

    The biggest looser under this Act is the Diocese. The diocese used to demand 30% of current value of the land to release the Mulgheni rights when the going rate was about 20% of the land value. Ofcourse, one has to donate 10% of his worth to the Church which justifies the demand. Unfortunately,the Church now has to settle it for peanuts.

    DisAgree [2] Agree [5] Reply Report Abuse

  • Charanraj S.P., Kaup / Dubai, UAE

    Tue, Jan 18 2011

    I fully agree with Kiran Bangera. Land mafias have taken over all the properties in Udupi/ D.K. I wonder how our future generation can afford to buy property or houses. I think govt. should confiscate properties in the hands of speculators. Further I firmly believe that no body has the right to ancestral properties - our forefathers have reserved it for their future generations. Hence govt. shold ban sale of such properties. Further all the real estate brokers should be raided to confiscate their ill gotten wealth. And further criminal elements who forge land dcuments should be dealt with suitably. I think all the land brokers should be made accountable for the transactions undertaken by them to ensure elimination of speculation in the lands.

    DisAgree [3] Agree [6] Reply Report Abuse

  • Anil Pinto, Lalbagh

    Mon, Jan 17 2011

    This is just another case of vote bank politics, there will be opposition these guys passed the bill without the opposition sitting. Well for the kind info of the public Mulgani comes under the transfer of property act, which is a central act not of Karnataka state, so they who passed it in a hurry have to wait and watch, tenants who are celebrating its only a temperory phase looks like your celebrations will be very SHORT LIVED sad uhuhuhuhuh.....

    DisAgree [2] Agree [4] Reply Report Abuse

  • Robin, Bangalore

    Mon, Jan 17 2011

    Uluvavane Holadodeya... Nintavane neladodeya.... Haagadre neevondu Bus athava Lorry purchase maadi, Driver hatra kotre adu avanadde... Allave ? Hattu halavu smasyeyannu shrishtisida ee kanoonu samajada samrasyavanne kedisida Cong(I) koduge...

    DisAgree [7] Agree [4] Reply Report Abuse

  • Percy Noronha, Mangalore / Muscat

    Mon, Jan 17 2011

    I think Mr. Harish has not understood the whole concept of Muladar and Mulageni. Are you in any one of the above category?

    DisAgree [1] Agree [3] Reply Report Abuse

  • Percy Noronha, Mangalore / Muscat

    Mon, Jan 17 2011

    Mr. Kiran Bangera, you are absolutely correct with your comments. Land developers and builders too play a major role in jacking the land price

    DisAgree Agree [2] Reply Report Abuse

  • harish, mangalore

    Mon, Jan 17 2011

    This amendment is foolish.Do u know the meaning of .........?
    r u ready to give land to the tenats for the cheaper rate.Govt.has to think before implimenting such laws.Govt is providing the rations to the BPL card holders all the things for cheaper rate, even though they have all modern facility.where we middle class / landlords has to go.Media has the right to bring to the notice of govt. Always media will highlight the communal things.

    DisAgree [5] Agree [2] Reply Report Abuse

  • KGShenoy, Mangalore

    Mon, Jan 17 2011

    Dear Max & Jessie,
    I am disappointed to read the word Harijan.It is really disappointing even after 63 years of Independence & your presence in most developed democracy in the world.I dont' think you would have cared if the legislation disturbs relation between landlord and the tenant if you had not possessed that piece of land.

    DisAgree Agree Reply Report Abuse

  • A.crasta, Mumbai

    Mon, Jan 17 2011

    Kudos to Mulageni Okkalu Rakshana Vedike and legislators who are instrumental to put an end to this archic system. Even though the land reforms were effected several decades ago, several land titles are held up with litigation under Land Tribunal. Hope all these issues will be settled once and for all and there will be availability of records to verify the "alienation" which otherwise, a good piece of legislation will turn out to be an exercise in futility.

    DisAgree Agree Reply Report Abuse

  • Suman, Mangalore

    Mon, Jan 17 2011

    A nice achievement for the Mulgeni Okkalu Rakhshana Vedike.We thank the leaders for their hard work.The state government of Karnataka and the minister Dr.V.S.Acharya and all legislative assembly members for their good support.

    DisAgree Agree [5] Reply Report Abuse

  • Vinson Vaz, Kadri, Mangalore/kuwait

    Mon, Jan 17 2011

    It is indeed good news, and I sincerely laud the efforts of the MVRV and all the ministers involved with reaching such a landmark decision. Off course a lot of the landowners will rejoice and some of the landowners will down this with a pinch of salt and there shall be mixed responses too.

    The fixation of 500 times and 1000 times of the annual rent which shall be in one time compensation for the land which is fixed by the governement. What will happen in cases where the land was purchased for a price over half a century and above from the tenant of the land where in the landlord was also compensated at the same time? This repeated compensating of the landlord for all sale transactions have left them yearning for more.

    I also feel that in no circumstances any injustification should be allowed in such a situation.

    Once again I laud the efforts of all involved in helping the legal tenants/owners in realising their dream and making their right enforceable. God bless!

    DisAgree Agree Reply Report Abuse

  • Kiran Bangera, Padebettu / SHJ

    Mon, Jan 17 2011

    It is very saddening to see our Tulunadu being in the hands of land mafias. Now all the unemployed have become real estate brokers. They pressurise the poor people in selling their ancestral properties. Such lands are either cornered by these brokers or people with lot of blackmoney to corner all the available lands. Lands in the name of joint families have become the bone of contention due to skyrocketing prices. People with modest income cannot buy land or house. Brokers are earning income without paying any taxes. They even undertake to forge the documents to facilitate the sale transactions. If the land is in a joint name they will forge the document with fake signatures of all the joint-owners. They are helped by the corrupt officials in Taluk Office / Revenu dept. On many occasions they themselves buy the land and then sell it at a very high price. Since all the available lands are in their hands, genuine users cannot buy any land for their house construction etc. Is our Karnataka Govt. looking at this?

    DisAgree Agree [5] Reply Report Abuse

  • Percy Noronha, Mangalore / Muscat

    Sun, Jan 16 2011

    I recollect the issue when it came to my father's 12 cents plot at Bendore, Mangalore. This plot was purchased by my father in 1972 and was not known about the fact that this was under the rights of Muladar. When we wanted to develop the plot and went for conversion, we were told that it cannot be converted unless the Muladar gives its permission.
    While checking about the Muladar, we came to know that it was under one of the parishes (do not want to specify)where the mulageni was about Rs. 12.45 per year. We settled whatever was not paid and requested the church authority to give us the complete rights, but though the actual amount was working out to Rs. 1,25,000/-, as per church's calculation they demanded a sum of Rs. 3,20,000/- for 12 cents of plot. Since it was not justified to our calculation, did not pay anything as we came to know the case of abolishing this mulageni system was in the pipeline. Though it was tried since many years, 6 strong contenders were trying their best not to implement waiving the mulageni system. They were gaining a marginal income by selling muladar rights to the tenants. Now that the bill has been passed by both the Houses of Legislature, specially with the continued efforts of the Mulageni Okkalu Rakshana Vedike were we too got registered to fight, it is a great relief to all mulagenidars. This system was abolished throughout India long back except in South Karnataka. A great relief as we would pay only Rs. 6 to 7 thousand to them now

    DisAgree [2] Agree [6] Reply Report Abuse

  • KT, Mangalore

    Sun, Jan 16 2011

    the new rule should not give any right to landlord if he is not staying there for last 5 years. having right to landlord will only creat extorsion and confussion. Tenent should be given all right without componsating the landlord

    DisAgree [2] Agree [7] Reply Report Abuse

  • Eric Coelho, Mangalore

    Sun, Jan 16 2011

    The new enactment confering rights on tenant to become absolute owners of their land holdings is great news. The mulgeni vokalu rakshana vedike has done a wonderful job in last 3 years yielding fruit to their hard work. The Home minister Dr. V.S.Acharya, Dy.Speaker Yogesh Bhat, MLA Palemar and other BJP and congress Leaders have put in lot of efforts to enact this law. Without their support the MVRV would not have achieved its goal. Hats off to the leaders.

    DisAgree Agree [2] Reply Report Abuse

  • Max & Jessie Rasquinha, Mangalore/Houston, Texas

    Sun, Jan 16 2011

    whether it is "Mulagene" or "Chalagene", it is very very important that the law enables the landlord as well as the tenant to maintain a close and cordial relations so that the land is well utilized and the fruit of the labour is well shared for the benefit of mankind. Land reform acts are great but make no mistake that the love and understanding between the tenants and the owners need be maintained at all times.

    We are currently going thru an emotional and sensitive problems where some of the Hurijans who sold us their land 40 years ago want to re-possess the land that we toiled and nurtured for more than 4 decade3s. That's very hurting and disturbing fact because we have helped and supported the poor harijans for so long and made so many poor people for more than 3 generations to grow with us and prosper with us together. The Government should not disturb the close relations we have enjoyed for so long. The harmony and peace of a nation is solely dependant upon the close relations and respect between the poor and rich in India so that a mutual growth and prosperity may continue to prevail at all times.

    India's democracy and the Ghandian principles of tolerance and peaceful co-existence depends upon mutual respect and mutual cooperation between people of all classes. We will be very much hurt if Government does not help us to achieve the goodness of our heart from a long distance for the poor and needy. May God help the leaders to appreciate the facts.

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