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State of Tamilnadu - Section

Section 3 in Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Rules, 1965

3. Recognition as landholder for purposes of Explanation II to section 2(8).

(1)Where a new inam estate or part thereof has been transferred, by way of lease, usufructuary mortgage or otherwise-
(a)if the transferee is in possession and the transfer is disputed by the owner, the Settlement Officer shall hold an enquiry and if he finds that the transfer is prim a facie true and valid and confers right to possession, he shall recognise the transferee as the landholder.
(b)If the transferee is not in possession and the transfer is disputed by the owner, the Settlement Officer shall, held an enquiry and if the finds that the transfer is prima facie true and valid and confers right to possession, he shall recognise as the landowner.
(2)In cases of dispute between persons claiming against each other, the ownership of a new inam estate or part thereof of any smaller interest therein, conferring a right to possession, the Settlement Officer shall hold an enquiry and recognize, as landholder, the claimant who, in his opinion, is prima facie entitled to the possession of the new inam estate or part thereof in questions.
(3)Where there are two or more landholders entitled to a new inam estate or part thereof-
(a)if all the landholders are members of a joint Hindu family, the managing member of the family shall be recognised as the landholder;
(b)if anyone of the landholders has, by all the rest, been appointed, in writing, or admitted before the Settlement Officer, to be the managing landholder, the Settlement Officer shall recognize as the landholder;
(c)in other cases, the landholder who is entitled to the largest share of the income shall be recognized as the landholder but, if there is none among the landholders who is entitled to a larger share of the income than any one or the rest, the Settlement Officer shall hold an enquiry and recognise that one among them who, in his opinion, is fit to be the landholder, as the landholder.
(4)The Settlement Officer's enquiry under this rule shall be summary.