Land Tenure & Tenancy

In order to regulate the behaviour of land ownership, the system of land tenure has been formulated. The system of land tenure is found to convey the right of ownership to the tenants for a certain period of time. Various kinds of tenure systems can be observed in India such as “inheritance tenure system”, “leasehold tenure system”, “rent tenure system” and many more. In this report various kinds of tenure systems have been discussed. The significance of the tenure system in the agricultural sector of India has been highlighted. The system of land tenure has been covered as well. 

The meaning of land tenure

Land tenure is found as the relationship whether customarily or legally defined among persons as groups or individuals, with the basis of land. Tenure of land is found as an institution. In this system, various rules have been set by the societies in order to regulate the behaviour of land related ownership. The system of land tenure defines that in which manner access can be granted to rights to control, to utilise and to transfer land and associated restraints and responsibilities. In simple language, it can be evaluated that the system of land tenure gives a clear idea about who can utilise what resources for how long duration and also shows under what conditions. It can be noticed that the system of land tenure is a very crucial part of economic, political and social structure. It is found as multi-denominational, taking into play institutional, economic, political, legal, technical and social aspects that are often seemed to be avoided but it should be taken into account. The relationship of land tenure may be well-defined. It may be enforceable by the higher courts or by formal “court of law” or by the customary structure within the society. 

The system of land tenure and land tenancy

Land tenure systems can be categorised into different groups such as communal land, inheritance system, leasehold system, rent tenure, “tenants at governments will”, and freehold system. The tenure system is focused on giving the land rights to foster the economic growth of the country. 

• “Communal land tenure system”: by this system of tenure, the community gets the power of governing over the land. In this system the basis for land ownership or land sharing are decided by the community head. “Large scale framing” gets promoted through this kind of tenure system. However, ownership given by the “Communal land tenure system” cannot be utilised as collateral for taking loans. Therefore it can be evaluated that farmers of India can get huge relief by this tenure system. It also encourages “long term investment” over the land and thus it is also supportive for the economic growth of any country. 

• “Inheritance Tenure System”: by this system of land tenure, at the death of the actual owner, the ownership of land is transferred to their next kin. This system of lend tenure is found for the offspring yet unborn. However, allocation of lands may lead to some conflicts by this system among the family members and different beneficiaries. 

• “Leasehold Tenure System”: by this system, tenants get land ownership for a certain period to hold the land from the landlord by some “form of title”. Depending on the period of lease, this system of tenure is found to allow crop cultivation permanently. However it can be observed that this ownership cannot be served as the securing for taking loans from different institutions. In this regard, it can be said that for getting agriculture loans in India, “NABARD (National Bank for Agriculture And Rural Development)” is the apex body. 

• “Rent Tenure System”: In this system, the tenants are found to pay some amount in order to use the land for a certain period of time. However it can be noticed that the rent period is relatively less as compared to the leasehold system. As a result, from the perspective of tenants, this system of land tenure discourages any type of “long term plan” in the agricultural field. 

Significance of land tenure

The land being the most significant factor of agricultural production other than the labour factor, production on the land is found to be more complicated to carry out without any clear understanding  about the “rights of access” to land tenure and land. In order to enhance the productivity of land, it is very important to render land access to the tenants. It is found that incentives get weakened for investing over a long term plan due to not having control over the land. Therefore for the sake of enhancing the production of cultivated land, it is very significant to give tenants with land holding rights for a sufficient period in order to boost their confidence so that they can invest more in agricultural land in terms of labour as well as finance. 

Conclusion 

It can be concluded that the system of land tenure is the process of transferring the rights of property. However the rights given by the tenure system are limited for some time. Different rules that are mentioned within the tenure system define that in which manner property related rights get allocated within a society. Different types of land tenures system are there such as Communal land tenure system,Inheritance Tenure System, Leasehold Tenure System and Rent Tenure System. These systems are very significant from the perspective of agricultural productivity.