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Property Law

New Changes to Thika Tenancy in West Bengal

In continuation to the earlier analysis of thika tenancy in West Bengal : https://advocatechenoyceil.com/2013/07/13/deconstructing-west-bengal-thika-tenancy/

It has now come to light that the current West Bengal government is trying to bring a one window mechanism to help thika tenants and bharatias regulate their holding. Under the new law, the thika tenants or bharatias will not require the No Objection Certificate (NOC) from the Thika Controller before applying to the Kolkata Municipal Corporation (KMC) to bring about changes to the structures. Th government is trying to provide Occupancy Certificates to all Thika Tenants that allows them to directly apply for building plan from the KMC. Under the system, thika tenants will no longer be required to wait to get approved NOC from the Thika Controller.

This is a great initiative by the government to cut down on the multiple regulations that complicate the process of Thika Tenancy in West Bengal. However, it will also create chaos with realtors rushing to the thika tenants to get power of attorneys that will then allow them to obtain building plans sanctioned by the KMC. For thika tenants living in poverty and slums, this move allows them to bargain and create value for the land they are holding. However, most thika tenants are unaware of their rights and realtors are lurking to take advantage of them.

This will lead to further disputes and unless effectively controlled, this initiative can backfire.

You can read more about this here: https://www.kmcgov.in/KMCPortal/downloads/Thika_Tenant_29_12_2014.pdf

As of now over 28,000 applications for construction of buildings on thika and khatal land have been pending with the KMC for the past 10 years and it is to be seen how the KMC handles this new ruling. Further, any amendment to the law will be highly contested and it is to be seen how the courts adjudicate the matter.

91 replies on “New Changes to Thika Tenancy in West Bengal”

dear sir could you pls tell me that is it mandatory to obtain N.O.C from bharatiya to vacate the rooms for pucca construction in thika tennate property.

my relationship with bharatiya is not so good and they are not my any relative.the property is at howrah.can new Thika Tenancy amendment apply for howrah municipal corporation also

sir mere papa ka 3 cottah thika land hai or woh building banana chahte hai magr baraitas log n.o.c nhi de rha hai …agr woh log n.o.c nhi dega to thika controller v n.o.c nhi dega for building plan

my father and other three relatives sale / lease our theka land 2001,can i re claim the land ,still today it is register in my grand father’s name in kmc

Dear Sir        Please give me one information that , is it necessary to make third party to housing society in a gift deed. my lawyer said that dont make party to society otherwise you will not get benefit of concessional registry. he said transfer your flat and simply inform Anupama housing society, vip road, kolkata that you have transfered the flat. i have all ready got DRCS and housing society permission to transfer the Flat to my brother and mother. lawyer is also saying that if you make society as third party then registrar will charge full stamp duty. if you donot make society as a third party then you will get benifit of gift deed registry. if i do registry directly without society then is this be any problem in future.Thanks & Regards! Rajeev kumar

Is there require NOC from landlord of thika land while the thika tenant wants develop their Hut to building ?

Dear sir, I am the landowner / zamindar under West Bengal Board of Wakfs . As such , i understand that the Thika-tenants do not have the option / power to ‘develop’ their structures without the active cooperation of the Zamnindars/LANDOWNERS,which I am as ‘Mutwalli ‘ . Pls advsie if the presumed ‘pucca-contructed bulidind(2-3 storied) wuould still be zamindar’s/landowners and the erstwhile ‘thika tenants should eb paying rents to me under the W.B Tenancy Act,1956 , as they are NOW not ‘thika-structures , strictly speaking .PLEASE ADVISE THE NAME OF A CONCISE BOOK/BOOKLET for my further understanding , both for Wakf and ‘Private’ properties .
Thanks in anticipation .

Sir , I have thika tenant property and I already have applied for mutation in 2002 , can I get certificate from KMC and can I sell or transfer the property to others . Please help me sir

What about the owner rights and also pending municipal taxes, corporation representative claiming for taxes from owner, they are saying to owner that the land is belongs to you and you are the owner so you have to pay the tax.

Sir, I had living the premises more than 70 years( from my grand father time). there was no agreeement as thika tenant . Actual owner was dead ,his son was alive and totally shifted to Bangladesh and taken citizenship of Bangladesh .I was contacted with him but he refused to do anything with the property. , he told he had no problem whatever i do with the property.. Sir, pls suggest me what to do ? and how to do ? — so, I can be legal; owner.

Hello Mr. Chenoy ,

Thanks for the information updated in your blog. It is a good insight & helpful.

I need one clarification on Thika Tenancy Act as per State West Bengal / City Kolkata .

Can anyone purchase a flat on Thika newly constructed building ( developed this year 2016 )
without having any relationship with the landlord or Owner ( The person who is issuing Rent bill
or Tax payer of the land ). Do I own that flat & can sale in future .

Also is there any clause that lease can be given to 99 to 999 years by the occupant / Owner to
the buyer where there will be no rental agreement but owning for 99 to 999 years .

Like if I am buying a flat & pay the amount and there is no rental terms & I am owner of that flat
as per lease agreement 99 to 999 years .

Anticipated for your valuable feedback.

Regards,

Hello Raish. Thika tenancy is a complicated beast. Rules are changing all the time. Anyway, the thika tenant land belongs to the government and it is leased to the thika tenants. Thika tenants are on lease for a certain period. Now, they have been given permission to construct building on such land and sell them. However, since the thika tenants lease is for limited period the apartments sold on such land is also for limited period. However, I am sure they would be extended in future. If you need further help email me to chenoyceil@gmail.com.

Sir I m the owner of property of 9kattas.my father purchased this plot with one tanent my father died i was in abroad the tanent develop a building on 5kattas now he is staying that this property is in thika now 4kattas is left what shall I do pls help me.

I have a property under Thika tenancy. Till 1992-1993 I paid all dues and get my name registered in their record in Cossipore office. Unfortunately I lost all the documents related with. How I can get all my certified copy documents. I am planning to build a building so I need them for plan sanctions etc.
Please guide n help

hello sir my question is its is mandatory to get approval noc from thika controllar to building plan. in thika land

it is possible that thika land transfer to own land. if yes then please give me details its very argent

hi sir i mail u but u not answers my question (it is possible that thika land transfer to own land. if yes then please give me details its very argent). (hello sir my question is its is mandatory to get approval noc from thika controllar to building plan. in thika land) again i ask u this question please give answers

Hello Iqbal. I have replied earlier I believe and if I have not I am sorry I got late. Permanently owning thika land is difficult because thika land always belongs to the government. KMC is offering building plan approvals but NOC is required from thika controller. Can you email me some of your documents/rent receipts to chenoyceil@gmail.com. I can definitely help you in this matter and also set up an in-person meeting. Email me details with your contact details and my partners in Kolkata will get in touch with you.

Hello Sir, I want to know is there require any building plan sanctioned approval by K.M.C in thika land building construction?

Hello Sir, I want to know is there require any building plan sanctioned approval by K.M.C in thika land building construction? Because I want to lease a thika tenancy flat at kolkata, buy there are no any approved building plan sanction blueprint/deed/papers which are giving by KMC to thika developer/promoter. And he says that there are not given any building plan sacntion aaproval from KMC in thika land matter. If I take lease this flat then have I face any risk infuture ? please Sir help me and tell which papers are required from developer.

Hello Mr. Das,
There are conflicting rules and regulations in different parts of West Bengal. KMC is definitely offering approval for building plan in Thika Porperties. But I can help you more if I look at some of the deeds. You can email me to chenoyceil@gmail.com to take this further. Thanks.

hello sir again i come . my question is how i know that my property is thika land or own land

My Thika tenant demised .No one from his family come to collect tent. Taking this chance some one succeed to muted this property in his name .
kindlyst to whom I’ll pay rent .

I intend to purchase small house on 2 kattha land at CIT Scheme-7,Kakurgachi,in this case KITcharges 25% market value as transfer fees,can I have to further get land and building registered by paying registration charges,stamp duty,pls clarify

tried to mail you but not recd response…could you pls respond for urgent discussion reg a thiks property at cravenue kolkata….my no 9330867891….

Hi sir i m thika tenant but mutation has not been done in my name i have submitted all docs in thika control office and paid all dues only plan is left to submitted now i want to sell that property to promoter in as it is condition. As there are lot of tenant who are paying me rent for godwons and some of them subletted that.. plz suggest

Dear Sir, I am a thika Tanent , I like to dedevelop
My place by a devoloper ,registration is required
Or not…

Adv Chenmoy its a thankfull try to awar thika tenants. Because they know niothing rdgarding thika tenancy act. Msny thanks to u.

Dear Sir,
We need you help.
We are two brothers and already have thika property, we are trying to separate two parts of the property for next generation. We are already applied to the civil court howrah, but it is waiting for, which rules and regulations under act after 2001.
Any case after or before 2001 solve in high court or in WB ??? kindly inform me.
Your help in this matter would be highly appreciated,
Thanking you…

My maternal grandfather has a property in West bengal howrah. He has 2 other brothers. His father was mentioned as occupier(thika tenant) of the land while owner is mentioned as someone else in all documents since 1975. So after death of his father my maternal grandfather and his brothers gave this land to contractor to construct building on it. They gave him power of attorney for 8 years and allow him to take rent till 8 years. Now that period ended so my question is that can we sell that property (flats which got constructed ) being an occupier not the owner of the land? Will owner permission or NOC is required in any kind of action on it.? What are our rights being an occupier.? Please contact me on 9885687867.
Thanks
Vivek

hello sir please help me . who is liable to get share in property if zamindari bill show ( md ali , shamsu and other ) please give me proper details its very very impotent mater in my property

Hello sir my question is that,I have a room in thika tenency in howrah ac market area.there is two landlord and I’m paying rent to both but one landlord convicted in different IPC section and now he is in the jail second owner is a widow lady.now owners want to construct building through promoter but one owner in the jail and promoter are saying that criminal owner gave power of attorney to his son to construct the building.promoter gave us agreement papers.

As s tenent what precaution and what points I have to see in agreement.
If any rishk please suggest me.

Respected Sir,I have some quires regarding my Property at prime location within the Jurisdiction of KMC ,as my property was purchased by my Great Grand father in the year 1936 from the jamindar’s family and Registered at then sealdha …..but recently one of the occupier some how manage to create Thika Tenancy challan and grab the portion of land 4 kattha’s out of total of 16 kattha’s of Land .So what to do to cancel his Thika Tenancy Challan and where to approach at right forum for this concern matter………….

Sir,
We are the owner of Thika property in the name of four brothers, sister, mother and late uncle. We have developed half portion of property with CMC approved sanctioned plan in three storied building and half still hut i.e. uncle portion. Now we want to mutation the three storied building. How we apply for mutation. and we pay k.m.c new portion tax. if you help us . we will be great full .

Dear Sir

please Till me that Thika Propaity Can be enrold Waqf Are not

Is not Enrold Waqf Whats Are Rouling Please Tell me About That

Dear sir
I am a flat owner at alaka paschim diganta co op socty LTD ,New Town.If I rent out my flat then our co op.asks double maintenance charge plus double cultural activity charge.wheas they are doing nothing for repair or renovation work.I want to know can they ask for double charge ?

sir, i am a thika tenant(Bariwala) , one of my Bharatia has not paying rent since 1988 . now he arranged his own accomodation in his paternal property and his wife has arranged another accomodation in her maternal property and his sons has recently bought a seperate
ownership house.My two sons are still unmarried, aged about 50yrs and 43years.i request him several times to handover the peaceful possession of the said room to us as we highly needed to the sake of my unmarried son.
Can you advised me the way to evict them?
i am widow and aged about 78yrs and want see my sons married.

I am a bharatia giving rent to the thika tenant ,suddenly received a notice from a third party with a mutation on his name for the said property what shud I do

As per new thika tenancy act can anyone get loan to develop/buy the property.For making an agreement with the developer what documents are required.pl.guide.

My father is owning a tikha land.Now After the death of my father (Whose name is registered in KMC). .pl.mention the procedure to incorporate his inheritors in KMC.

Sir,
We are thika tenants from since 1946, and we have registered deed and ground rent receipt also but the landlord sold his right tittle and interest to someone in year 1980 which who was also thika tenant under same owner since 1971 which who was our superior landlord and we paid ground rent to him till 1982 after that we paying ground rent to the office of the thika controller but zaminder’s legal heirs legal notice us for entire premises we have done mutation but they are disturbing us for his right vested. Please advice us in your reply.

Sir
We are the Owner of the property situated at Premises Number 234/4, Acharya Prayerful Chandra Road, Kolkata – 700 004.
Our Assessee No is 110120100506 and the Mutation of the same was done in our name on 22/7/2014.
I want to know the current status of the said property whether it is in theta tenancy or not.please help me for the same.
i will be very much thankful to you.

Hello Mr Chinoy,
Sir i have thika tenacy land which is currently rented to tenants. Now i want to transfer this land to government because we are frustrated with the maintenance of this. Please suggest the future course of action

Good evening Sir, I would be very grateful if could give me good suggestion i leave at thika tenancy property in kolkata 45 years old but i don’t any property document.so what can i do sir. please give me good suggestion thank you so much.

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