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RAJESH KUMAR (SR MGR)     24 October 2009

gar marusi rights

what is gar marusi rights of land? How to get this land registered in my company's name?The Collector has passed an ordewr of gar marusi rights in favour of the company?



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 3 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     24 October 2009

PLEASE READ AS:

"tenant at will" Section 105 of the Transfer of Property
Act defined lease thus: "A lease of immovable property is a transfer of a right
to enjoy such property made for a certain time, express or paid or promised, or
of money, a shore of crops, service or any other thing of value, to be rendered
periodically or on specified occassions to the transferor by the transferee, who
accepts the transfer on such terms". It is not necessary that lease should
always be reduced to writing. What is necessary is transfer of a right of
enjoyment of the property made for certain time, expressed or implied and for
consideration of the price, paid or promised, the transferee must have been put
in possession of the demised property. It is also necessary that an agreement
can be entered into for rendering periodical service and for consideration
thereof and on transfer of the land to the transferee and acceptance thereof,
either orally or in writing, the lease comes into existence. 
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Adinath@Avinash Patil (advocate)     25 October 2009

I M ALSO SAME OPINION.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     29 October 2009

If your ompany has been declared as gair morusi then immediately obtain the copy of the judgment and produce it before concerned patwari who has insert intkal in the name of he company and earlier owners shall now be replaced by your company. Possession is already with your company. Thus you have become owners in possession of the suit land.

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