Section 33(1) in The Gujarat Tenancy and Agricultural Lands (Vidarbha Region and Kutch) Area Act, 1958
(1)No sub-division or sub-letting of the land held by a tenant or assignment of any interest therein shall be valid:Provided 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, namely:-(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 sharers, 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,(d)if such area is less than the unit referred to in clause (c), the sharers shall be entitled to enjoy the income jointly, but the land shall not be divided by metes and bounds,(e)if any question arises regarding the apportionment of the rent payable by the shares, it shall be decided by the [Mamlatdar] [This word was substituted for the word 'Tahsildar' by Schedule Ill, Clause 1.] whose decision shall be final.
