Section 46 in The Gujarat Tenancy and Agricultural Lands (Vidarbha Region and Kutch) Area Act, 1958
46. Transfer of ownership of land to tenants from specified debts.
(1)Notwithstanding anything in this Chapter or any law for the time Teacher of being in force or any custom, usage, decree, contract, or grant to the contrary, with effect on and from the first day of April, 1961, the ownership of all lands held by tenants which they are entitled to purchase from their landlords under any of the provisions of this Chapter shall stand, transferred to and vest in, such tenants and from such date such tenants shall be deemed to be the full owners of such lands:Provided that, if on such date any such tenant is of the following category, namely:(a)a minor,(b)a widow,(c)a serving member of the armed forces, or(d)a person subject to any physical or mental disability, the ownership of the land shall stand transferred-(i)to the tenant on the expiry of one year from the date on which the tenant of category (a) attains majority, the tenant of category (c) ceases to serve in such force, the tenant of category (d) ceases to be subject to such disability; and(ii)in the case of a widow to her successor-in-title on the expiry of one year from the date on which the widow's interest in the land ceases to exist:Provided further that, where in respect of any such land, any proceeding under Sections 19, 20, 21, 36 or 38 is pending on the date specified in sub-section (1) the transfer of ownership of such land shall take effect on the date on which such proceeding is finally decided and the tenant retains possession of the land in accordance with the decision in such proceeding.(2)In respect of the land the ownership of which stands transferred to and vests in a tenant under sub-section (1) the tenant shall continue to be liable to pay to the landlord the rent of such land until the amount of the purchase price payable by the tenant to the landlord is determined under Section 48.
