section 4
Possession of leased land
The Haryana Lease of Agricultural Land Act, 2024General202419 sections
Statutory text
- (1) The lessor shall be obliged to deliver possession of the leased land free from encumbrances except in terms of the provisions of this sub-section for purposes of cultivation, immediately on commencement of the lease agreement entered into under sub-section
- (4) of section 3: Provided that where there is encumbrance in respect of the leased land prior to the commencement of the lease agreement, and the lessor accepts to discharge the liability or interest created thereon or repay any loan taken or interest thereon, then the delivery of possession to the lessee shall be made with such encumbrance standing against the lessor.
- (2) The lease agreement and the period of lease thereof shall be entered in remarks column of the Record of Rights but such entry shall not create any permanent tenancy or occupancy tenancy rights or otherwise under any State law for the time being in force.
- (3) The possession of the leased land shall, immediately and without any further action required on part of the lessor, revert to the land-owner on the expiry or termination of the lease.
- (4) The lessor shall be entitled to receive possession of the leased land free from encumbrances immediately on expiry of the lease agreement or its premature termination and without requiring any further action on the part of the lessor: Provided that in case of premature termination of lease agreement, the lessee shall be entitled to harvest the standing crop sown on the leased land in accordance with the agricultural crop cycle and shall be liable to pay the lease amount for such period of occupation beyond the date of termination of the lease agreement till the harvesting of the crop.
- (5) In the event of death of the lessee, the legal heir or successor of the lessee shall be deemed to be the lessee and such legal heir or successor shall have the option to prematurely terminate the lease agreement or have the lease agreement in force assigned to such legal heir or successor for the remaining period of the lease.
- (6) The lessee shall continue to be in possession of the leased land till the expiry of the period of lease agreement in case of sale, mortgage, redemption of mortgage, succession, gift, or alienation or transfer in any manner including partition amongst the co-owners of the leased land and further,-
- (i) the lessee shall be deemed to be the lessee of the right-holder in whose favour the ownership or interest in the land is transferred; and
- (ii) the lease agreement shall stand assigned in favour of such right holder, mutatis mutandis.
- (7) Lease of entire khasra number in cultivating possession in the revenue records either by all the co-sharers together or single owner, as the case may be, shall be permissible.
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