Acquisition of Khatedari Rights

3.1 Automatic Acquisition — Section 16

A person acquires Khatedar status automatically (without any formal application) if:

• They have been recorded as a tenant in the village records continuously for 12 years prior to the commencement of the Act
• Or if they have held land under the State (Khalsa land) continuously since before 1955

3.2 Acquisition by Cultivation — Section 19

A Ghair Khatedar tenant who continuously cultivates land for five consecutive years acquires Khatedar rights, subject to:

• No interruption in cultivation
• Payment of all dues
• No valid order of ejectment during the period

3.3 Acquisition by Inheritance — Sections 82–110

On the death of a Khatedar:

• Male lineal descendants (sons, grandsons) take first
• Daughters (post-2001 amendment) have equal rights with sons
• Widow retains the tenancy for life
• Other heirs per personal law hierarchy

3.4 Acquisition by Purchase/Gift — Section 42 Controls

Transfer of Khatedari rights is permitted but subject to:

• Prohibition of transfer to non-agriculturist without Collector's permission (Section 42)
• SC/ST land protection: Transfer of SC/ST khatedari land to non-SC/ST requires SDO permission
• Government's right of pre-emption: State can acquire before private purchaser

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