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.

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34 thoughts on “New Changes to Thika Tenancy in West Bengal

  1. 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.

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  2. 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

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  3. 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 .

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  4. 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

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  5. 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.

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  6. 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.

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  7. 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,

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    1. 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.

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  8. 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.

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  9. 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

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  10. 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

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    1. 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.

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

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    1. 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.

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      1. 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.

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