2. A family consisting of father, mother, one married son, one minor son, one unmarried major son, one married minor daughter and major unmarried daughter hold 35 acres of land. If the standard holding is 10 acres, calculate if and how much surplus land the family holds.

Facts of the case

  • A family collectively holds 35 acres of agricultural land.
  • The family includes: father, mother, one married son, one minor son, one unmarried major son, one married minor daughter, and one unmarried major daughter.
  • The standard holding as per the law is fixed at 10 acres per unit.
  • Authorities are tasked with determining whether this family holds any surplus land under the applicable land ceiling law.

Issues in the case

  • How many landholding units can this family be divided into for the purpose of ceiling calculations?
  • Are major unmarried sons and daughters considered separate units under the law?
  • Should the land held be declared surplus, and if so, how much?
  • Is the family eligible to retain all of the 35 acres they currently hold?

Principles associated with it

  • Under most land reform statutes, including the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, a “family unit” includes husband, wife, and their minor children.
  • Major sons and unmarried major daughters may be treated as separate units if not financially dependent.
  • Married minor daughters are usually considered part of the husband’s family and not counted in the original family’s land ceiling calculation.
  • The ceiling is calculated based on the number of eligible units multiplied by the standard holding.

Judgement

  • The family is entitled to four units:
    • One unit for father, mother, and minor son
    • One unit for the married son
    • One unit for the unmarried major son
    • One unit for the unmarried major daughter
  • Married minor daughter is not counted in the parent’s family for land ceiling purposes.
  • Total permissible land = 4 × 10 acres = 40 acres
  • Since the family owns only 35 acres, which is below the 40-acre ceiling limit, no land is surplus.
  • Therefore, the family is entitled to retain the entire 35 acres, and no action for surplus land need be taken.

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