Proceedings for the Abolition of Tamil Nadu Minor Inam Tenure: A Threat to Land Tenure" by Advocate Naveen Kumar

"You may have heard the name Minor Inam, but its real meaning is not widely known."

This article may help you better understand the Minor Inam, but please read it carefully and make an effort to comprehend it, as it may not be easily penetrable.

    Blind investment is akin to betting on a losing horse. The onus lies on the buyer to exercise caution when acquiring a property, and this is precisely what 'CAVEAT EMPTOR,' translating to 'LET THE BUYER BEWARE,' signifies. It is the buyer's responsibility to assess the risks associated with the property they are contemplating purchasing. Unfortunately, many individuals overlook or underestimate these risks. This is where we come in. We handle everything from drafting documentation to scrutinizing revenue records, ensuring that your property buying experience is not only smooth but also free from unpleasant surprises.

Without knowing the other tenure systems, we could not understand the Minor Inam.

India has a diverse and complex land system with a rich history. Here are some key points about the Indian land system: 1. **Agricultural Dominance:** The majority of land in India is dedicated to agriculture, supporting a large population dependent on farming for their livelihood. 2. **Land Reforms:** Post-independence, India implemented land reforms to address issues of landlessness and unequal land distribution. These reforms aimed to redistribute land from large landowners to landless farmers. 3. **Land Tenure System:** India has a varied land tenure system, including Zamindari, Ryotwari, inamdhari and Mahalwari systems, which determine the relationship between the state and landowners or cultivators. 4. **Zamindari System:** This system involved intermediaries known as zamindars who collected revenue from peasants on behalf of the British colonial government. Land reforms abolished the zamindari system, transferring ownership to cultivators. 5. **Ryotwari System:** This system involved direct settlement of land revenue with individual cultivators. It was introduced in some regions during British rule and continued post-independence. 6. **Mahalwari System:** This system involved joint village responsibility for revenue payment. The revenue was assessed at the village level, and the entire community shared the responsibility. 7. **Land Records:** Efforts have been made to modernize and digitize land records to reduce disputes, streamline transactions, and provide better governance. The National Land Records Modernization Program (NLRMP) is one such initiative. 8. **Forest and Tribal Lands:** India also has significant forest and tribal lands, raising issues of conservation, tribal rights, and conflicts over resource use. 9. **Urban Land Issues:** With rapid urbanization, there are challenges related to land acquisition, zoning, and encroachments. Land-use planning and management are crucial for sustainable urban development. 10. **Legal Framework:** The Constitution of India provides the legal framework for land-related matters. States have the authority to enact laws governing land, and there are also central laws addressing specific aspects like tenancy and land acquisition. Understanding the complexities of the Indian land system is essential for addressing issues of land equity, sustainable development, and economic growth.

"Minor Inam lands covered all major tenure lands. 'Minor Inam' refers to land given for the purpose of rendering service."

The name was assigned following the addition of the Inam village through an amendment in the Estate Lands Act. The minor inam, granted by the grantors for religious, charitable, personal, and private services, encompassed land in various tenures such as Estate Lands, Inam Estate Lands, and Ryotwari Lands.

Next, we come to the main point. The conversion of minor inam tenures to Ryotwari Tenure for the purpose of the quit rent system resulted in a loss of revenue income for the State government and then same time the minor inam was grabbed by occupant. Hence the government enact the ' Tamil Nadu (Madras) Minor Inam and conversion into Ryotwari act 30 of 1963.

    The three acts, namely the Madras Estate Abolition Act (Act 26 of 1948), the Madras Inam Estate Abolition Act (Act 26 of 1963), and the Madras Minor Inam Abolition Act (Act 30 of 1963), may lead to confusion. The first act addresses the name and number of the acts. I understood their meanings, potentially resulting in a confession three years later, as no one was aware of the act. This includes blog writers and YouTubers who, lacking complete knowledge about the act, explained and discussed some key points. Explaining the acts may require numerous pages, and I leave it to your effort to gather the knowledge. Judgments from both the Supreme Court and Madras High Court are available to understand these acts.

The first two acts significantly contribute to the land in the ryoti village, granting absolute rights. The Minor Inam comprises both Waram, which includes Melvaram and Kudivaram. Melvaram represents the King's rights, later defined as landlord rights, asserted against the King. The King couldn't seize or confiscate the land but couldn't touch the Melvaram in Minor Inam regarding the grant in service tenure. Kudivaram signifies cultivating rights, some say akin to tenant rights, but I argue that Kudi means ryot in the Tamil language. The company or British India granted land to ryots based on rent, calling Kudivaram a Tenant right. The earlier system permitted ryots to lease out the land to a third person. Thus, Kudivaram doesn't mean Tenant. All the land was under the rule of the East India Trading Company, later British India. We question why the Europeans, especially the British, approved the earlier grants. The British aimed to maintain a peaceful relationship with the Indian people and their emotions.

Then, I am addressing a crucial question: why were they abolished? As mentioned earlier, the purpose was undermined by both occupants and trespassers. Consequently, the State government took action to abolish the Minor Inam tenure, converting it into the ryotwari system and assuming control of the land.

The act was passed in the year of 1963 and it came into force on 15.02.1965 and framed special rule in the name of Minor Inam abolition and conversation into Ryotwari Rule, 1965.

The essential provisions of the Minor Inam Abolition Act are, the minor inam were transferred to the Government, vesting from all encumbrance free, possession, and the transfer of all relevant records related to the minor inam. Subsequently, the settlement court, following an inquiry, issued the patta accordingly.

The act empowered the Assistant Settlement Office, and the rule conferred delegation authority upon the Settlement Tahsildar. The majority of cases were overseen by the Settlement Tahsildar. Concerning the old Coimbatore district, the Gobichettipalayam Revenue Settlement Court managed those cases. In my perspective, both the Gobichettipalayam Settlement Court and Dharapuram Settlement Court were involved in fraudulent activities related to the issuance of Pattas in the correct person's name. Only a few Pattas were issued to the correct individuals. The grants favored temples, and the idols of the temples were considered perpetual minors. The occupants, with the assistance of the Settlement Revenue court, looted most of the Personal inam property.

If you are the purchaser of the property, the first step is to determine whether the property is under inam tenure or not. This is essential.

Investing blindly is akin to betting on a losing horse. The onus is on the buyer to exercise caution when acquiring a property, encapsulated by the Latin phrase 'CAVEAT EMPTOR,' translating to 'LET THE BUYER BEWARE.' It is the buyer's responsibility to meticulously assess the risks associated with the property they intend to purchase. Unfortunately, many individuals overlook or underestimate these risks. This is where our expertise comes into play. We handle everything from drafting documentation to scrutinizing revenue records, ensuring a seamless and positive property buying experience for you.