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[Cites 0, Cited by 0] [Section 38] [Entire Act]

State of Gujarat - Subsection

Section 38(2) in The Gujarat Tenancy and Agricultural Lands (Vidarbha Region and Kutch) Area Act, 1958

(2)Where the landlord is of the following category, namely :-
(a)a minor,
(b)a widow,
[***] [Clause (c) was deleted by Gujarat 24 of 1965, Section 14 (2) (i).]. or
(d)a person subject to any physical or mental disability, then, if he has not given a notice and made an application as required by sub-section (1), such notice may be given and such application may be made-
(A)by the landlord within one year from the date on which-
(i)in the case of category (a) he attains majority;
[***] [Item (ii) of paragraph (A) was deleted, by Gujarat 24 of 1965, Section 14 (2) (ii).]
(iii)in the case of category (d) he ceases to be subject to such physical or mental disability; and
(B)in the case of a widow by the successor-in-title within one year from the date on which the widow's interest in the land ceases to exist:
Provided that where a person of such category is a member of a joint family, the provisions of this sub-section shall not apply if at least one member of the joint family is outside the categories mentioned in that sub-section unless the share of such person in the joint family has been separated by metes and bounds before the prescribed date and the [Mamlatdar] [This word was substituted for the word 'Tahsildar' by Schedule III, Clause 1.] on inquiry is satisfied that the share of such person in the land is separated, having regard to the area, assessment, classification and value of the land, in the same proportion as the share of that person in the entire joint family property, and not in a larger proportion:Provided further that where land is held by two or more joint landlords, the provisions of this sub-section shall not apply if at least one joint holder is outside the categories specified in clauses (a) to (d) of this sub-section.