Gair marusi
Querist :
Anonymous
(Querist) 05 January 2012
This query is : Resolved
Dear Sir,
There is some land and a house in himachal which is mentioned as gair marusi in Revenue Office (Patwar Khana) in the name of my Grand Father Late Mr. A.
Also, names of my father and my two uncles as sons of Late. Mr. A is mentioned in the record of patwar khana.
Now my father is no more and one of my uncle has build shops on the land which is on the road head of National Highway and not giving my share with the statement that it is gair marusi and not by the name of Grand father. I am given only the house which is at the back side of shops where my grandfather and myfather (with our family) used to live. As house was not in a condition to live in, I demolished it and reconstructed by investing my own money.
And the new Electricity, water and Sewerage Connections of new house is by my name only.
House is in Khasra No. X and Piece of land (Where shops are build along with some unbuilt area) is in Khasra No. Y.
Sir, please guide me if a land is gair marusi, will it be divided among three sons of my Grand father equally by law or here might is right is the only case.
Can I claim my share in shops which my uncle build in my absence being working out of himachal.
There is still a piece of land beside shops which is still not constructed and I am told by uncle that even this piece of land will not be given to me.
Can I apply for stay order if he tries to do construction on this piece of land, though my name is not in the record of patwar khana but my father's name is there.
Regards
Raj Kumar Makkad
(Expert) 05 January 2012
Gair morusi has wrongly been interpreted by your uncle. Gair morusi means under the Punjab Tenancy Act, those tenants, who were not occupancy tenants, were non-occupancy tenants.
This definition has nothing to do with the ownership rather this term is meant for the nature of tenancy.
You are fully entitled to get the land partitioned even though this is non-agricultural now as the same is still part of revenue record.
You should make construction over the vacant land lying adjacent to the shop of your uncle and let him go to the court. No stay order can be provided against the co-sharer so it is better for you to secure possession first and then to follow him in the proper court of law wherein your uncle approach.
prabhakar singh
(Expert) 06 January 2012
The Phrase "Gair Marusi" refers to 'non ancestral'and such entry reflects that it was self acquired property of your grand father in which sons have equal inheritance.
Your uncle is wrong.
Visit chamber of a lawyer and file a suit.
Querist :
Anonymous
(Querist) 28 July 2016
Respected Experts,
I am thankful to you all for helping helpless people due to
circumstances. your valuable and legal advice has played very
important role and helped to handle the situation very nicely.
Please, guide further for the same concerns for
The house and land in himachal pradesh is by the name of my Late.Grandfather, mentioned
him as Gair Marusi,pakjadi khandan in revene department records. The land status is written in urdu as (Banjar
Kabile kast bvajah pakjadi) which i understand unfirtile land but can
be make firtile and is given to member of same family/blood line (to
my grandfather by his brother).
In the column name of kashtkar and Ahwal, the name of three sons of my
grandfaher is there and furhter mutation by our names (cousions)
The column of OWNER's name and Ahwal is empty.
1. Can real owners sale that property to some one else though they
have no possession now neither at home nor open land. That all
possession is with us
2. Today I asked revenue officer/patwari about
1. Can real owner sale it to some other person. He replied No.
2. if I further give my property on rent, can real owner sale it to my
tenant as will be having possessing of part of property being tenant.
He replied no.
3. As suggested by someone to purchase 1/3 or some part of this gairmarusi property from any of owners mentioned in papers, i asked patwari/revenue the same,He said no need to purchase as no one can take it from you and they can not sale it to other person.Plese, guide further.
4.Some local man having good knowledge of revenue told that gairmarusi means the real owners (brother of my grandfather)had given this property to my grandfather to lookafter only and his next generation can say they do not want furhter lookafter persons in court and can calim it back from us. Also, he said till the time we cousions (grandchildren of my gradnfather) are living in this property, it is fine, but if we rent it furhter then the tenant can purchase from owner or owners can nullify our gari marusi status and get land back.
Sir(s), I have made hosue by demolishing british time old house with my own hard earned money. Please, guide furhter.
5. I asked him how to be real owner of property as lagan was not paid
by my grandfather to his brother who was real owner (now his next
generation) in papers as it was written pakjadi khandan (whos menaing
enterpreted by revenue officer/patwari as the brothe of my grandfather
was rich man/farmer and did not want any revenu/lagan from my
grandfather.
Revenue officer told me to apply in court to be real owner and then
court will call real owner and ask them to make us (generation of my
grandfather-his three sons only one uncle is alive my father and other
uncle expired).
Plese, guide how simple/complex this procedure is. The house i am
having possession is build by me by my own money by demolishing old
house being not in a position to live in.
Thanking you in anticipation as I do not want to rent my property with
a risk of loosing it to tennats if they get friendly with real owners
on paper, as i live out of himachal for employment reasons.
Kind Regards
