Gair marusi land in hp_ rights of the original owner

Pankaj soni (Querist) 14 June 2023 This query is : Resolved
We have the ancestral agricultural land in Kangra Distt, Himachal Pradesh. In the Jamabandi, it was in the name of my Grandmother, Father and Uncle, however Gair Marusi is applied on the Khasras. Now that none is ALIVE now, and we have submitted the Death Certificate of my Grandmother and Father. To get the intikal in our name i went to Tehsil where the Patwari had told that since Gair marusi is applied hence the land cannot be transferred/ Intikal in our name. The same person has also taken the " Kabza" in our other land. Patrwari didnt find problem in the intikal for that particular land and has done the same. Can you please help me to guide (A) Do we have the right on the Gair Marusi land. (B) If yes please suggest me the way out.

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This discussion concerns ancestral agricultural land in Kangra, Himachal Pradesh, where a 'Gair Marusi' entry has been made, meaning it's considered non-ancestral self-acquired property. Despite the original owners being deceased, the Patwari is refusing to transfer the land (intikal) into the heirs' names due to this entry. The advice suggests that 'Gair Marusi' typically indicates a non-occupancy tenant who has no inherent right of inheritance to the tenancy itself, and the owner retains rights. Consulting a local advocate is recommended to navigate the legal process for asserting ownership and potentially addressing the unauthorised occupation of other land by the same individual.

kavksatyanarayana (Expert) 14 June 2023
"Gair Marusi" refers to 'non ancestral' and such entry reflects that it was self-acquired property of your grandmother in which sons have an equal inheritance. For your father's share, all the legal heirs of your father have equal rights.

T. Kalaiselvan, Advocate (Expert) 14 June 2023
Gair Marusi tenants are the tenants at will of the land owners. However, but for the right of inheritance available under the statutory provisions, such tenants were not having any right of inheritance of the tenancy. Meaning of entry `Gair Marusi' in revenue record - Entry of gair marusi is made irrespective of fact as to whether occupier is tenant or not - Status of occupant can be determined on combined reading of all the entries in the jamabandi particularly the entry made in column of rent You may consult a local advocate and proceed as discussed/suggested.

Dr. J C Vashista (Expert) 15 June 2023
Gair Maroosi is non-occupancy tenant.
On the strength of entries in the khasra girdawris or the status reports, which merely record the occupation of the suit property by the plaintiff, the plaintiff is not entitled to the relief, decree of permanent injunction as prayed for. This is irrespective of the fact that the defendants have not been able to prove that the entry in the Khasra Girdawris, revenue record is forged or fabricated as was claimed by them and the law laid down in Karewwa and ors Vs. Hussensab Khansahab Wajantri and ors 2002 (10) SCC 315 as was relied by Ld. counsel for the plaintiff for presumption of correctness of revenue records.

Section 5 of the Punjab Tenancy Act, 1887 (hereafter called "the Act"), to say that only four classes of tenants have a right to remain on revenue lands and that the plaintiff does not belong to any of those categories. In these circumstances, the plaintiff's claim to occupancy is no better than that of a trespasser, who cannot seek an injunction restraining the principal owner from taking appropriate steps.
The relevant provisions of the Act. They are as follows:
"5. Tenants having right of occupancy
(1) A tenant (a) who at the commencement of this Act has for more than two generations in the male line of descent through a grandfather or grand-uncle and for a period of not less than twenty years, been occupying land paying no rent therefore beyond the amount of the land revenue thereof and the rates and cess(s) for the time being chargeable thereon; or

(b) who having owned land, and having ceased to be landowner thereof otherwise than by forfeiture to the Government or than by any voluntary act, has since ceased to be landowner continuously occupied the land; or

(c) who in a village or estate in which he settled along with or was settled by the founder thereof as a cultivator therein, occupied land on the twenty first day of October, 1868, and has continuously occupied the land since that date; or (Omitted by the India (Adaptation of Existing Indian Laws) order, 1947, section 4 (1). Provisions about Mrqarridars had been added by Punjab Alt 11 of 1925)

(d) who being jagirdar of the estate or any part of the estate in which the land occupied by him is situate, has continuously occupied the land for not less than twenty years, or, having been such jagirdar, occupied the land while he was jagirdar and has continuously occupied it for not less than twenty years, has a right of occupancy in the land so occupied unless, in the case of a tenant belonging to the class specified in the clause (c), the landlord proves that the tenant was settled on land previously cleared and brought under cultivation by, or at the expense of, the founder.
(2) If a tenant proves that he has continuously occupied land for thirty years and paid no rent therefore beyond the amount of the land revenue thereof and the rates and cesses for the time being chargeable thereon, it may be presumed that he had fulfilled the conditions of clause (a) of sub section (1).
(3) The words in that clause denoting natural relationship denote also relationship by adoption, including therein the customary appointment of an heir and relationship, by the usage of a religious community.

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