Agricultural land in Sindh is farmed largely through arrangements that were never written down. A family has cultivated a holding for two generations, the share is whatever it has always been, and the record shows something that may or may not reflect who is actually on the land.

That works until the land is sold, inherited or developed. Then the questions arrive at once: who is the tenant, what are their rights, and what does the record say.

The tenancy framework

Agricultural tenancy in Sindh is governed by the Sindh Tenancy Act 1950, which regulates the relationship between landlord and tenant — the hari — and provides protections that do not depend on a written agreement.

The essential features:

Tenancy can arise from conduct. A person cultivating with the landlord's consent may be a tenant whether or not anything was signed.

Tenants have protection from arbitrary eviction. Ejectment is on defined grounds and through the prescribed process before the revenue authorities, not by simply putting someone off the land.

Share of produce. The division between landlord and tenant, and the treatment of inputs and expenses, are regulated rather than purely a matter of private agreement.

Record entries matter. Whether a person appears in the record as a tenant, and what the girdawari shows about who is cultivating, is central to any dispute. See fard, intiqal and the revenue record.

Attempting to remove an established cultivator without process is the most common and most expensive mistake a landowner makes here.

What the landowner should document

Even where the relationship is long-standing and cordial:

  • A written tenancy or share-cropping agreement, recording the parties, the land, the share, the term, and who supplies seed, fertiliser, water and machinery
  • Records of each season — inputs supplied, produce divided, advances given and recovered
  • The entries in the record, checked periodically rather than assumed
  • Any change — a new cultivator, a change of share — recorded when it happens

Landowners who keep records win share disputes. Landowners who rely on memory and custom generally do not.

The disputes that recur

Who is the tenant. Frequently the son or nephew of the person originally recorded, with no entry made for the change.

Share of produce, and the accounting for inputs and advances.

Ejectment, and whether a ground exists and the process was followed.

Advances and debt owed by the cultivator to the landowner, and how they are set off against the share.

Encroachment and boundaries between adjoining holdings, which turn on the map and on demarcation.

Access and water. Rights of way to a landlocked holding, and rights over watercourses. Irrigation disputes are handled substantially through the irrigation and revenue authorities rather than the ordinary courts, and the forum question should be settled before filing anything.

Selling farmland

Two questions determine whether a sale completes cleanly.

Who is in possession, and on what basis. A purchaser buys the tenancy along with the land. A seller who represents the land as vacant when a cultivator is in occupation is creating a dispute for the buyer.

Whether the shares are clear. Jointly held agricultural land where the inheritance was never mutated is the norm rather than the exception, and it must be resolved before a transfer of the whole. See dividing jointly owned property.

Note also the restrictions that apply to agricultural land in some circumstances, including on acquisition by certain categories of purchaser and on conversion of land use. Establish that position before contracting.

Converting agricultural land

Conversion for residential, commercial or industrial use requires approval, and the value uplift makes this a frequent source of dispute — including with cultivators whose position is affected.

Do not build first. Construction on unconverted land, or without approval, attracts the building control regime as well. See building control in Karachi.

Farm labour and machinery

Beyond tenancy, farms engage labour, and agricultural workers have their own statutory position in Sindh. Where a farm operates at scale — with permanent staff, machinery and processing — the ordinary employer registrations start to apply. See the registrations employers keep missing.

Bonded or coerced labour is a serious criminal matter, and landowners should ensure advances and debts are documented, reconciled and repayable rather than structured in a way that ties a family to the land.

For overseas landowners

Family agricultural land held by a family now living in the cities or abroad is the most common source of these disputes, because nobody is checking.

Obtain the record periodically, confirm who is shown as cultivating, keep the land tax and dues paid, and give any power of attorney narrowly. See property disputes from abroad.

How the firm can help

We advise landowners and cultivators on agricultural tenancy, prepare tenancy and share-cropping agreements, act in ejectment, share and possession proceedings before the revenue authorities and the courts, and deal with boundary, access and watercourse disputes.

We also conduct diligence on agricultural holdings before purchase — tenancy, possession, record entries, shares and conversion status.

If you are buying, selling or inheriting farmland, contact the firm before the transaction rather than after the dispute.