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Last Updated On 05-Jun-2025
Real Estate

Ownership of Gair Marusi land purchased from bank auction.

I want to purchase the Agriculture land in Punjab which is Gair Marusi. The said land is under physical possession of Bank under the SARFARASI ACT. Kindly clarify if i can register the land on my name after winning the auction and claim the legal ownership.

( Jalandhar, Punjab )

05-Jun-2025

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A.
Dear Client,
Gair Marusi refers to non-occupancy tenants who do not have the rights associated with occupancy tenants under the Punjab Tenancy Act, 1887. The term Gair Marusi means non-occupancy, indicating that such tenants cannot claim the status and rights of occupancy tenants. Even Gair Marusi tenants cannot claim adverse possession as they lack the necessary legal status of a tenant. Their possession is not considered adverse to the true owner since it is classified as unauthorized. So, when the land is under physical possession of the Bank under the SARFARASI Act, after winning the auction and after receiving the NOC from the Bank, you can register the land in your name, provided the overall status of encumbrance of the said land is found satisfactory post-court searching process.
Posted On 05-Jun-2025
S. K. Dutta Advocate S. K. Dutta
S. K. Dutta
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