LAND RIGHTS AND GRANTS
The rights granted by public auction to members of public for consideration of yearly revenue (foro), by the Comunidade by way of arrendamento (hiring or letting out) lapses by efflux of stipulated time of contract period without notice. The act of public auction, for letting of the rights over husbanded and developed lands of the Comunidade for purpose of obtaining revenue, is arranged by the Managing Committee, from time to time as per the statutory provisions laid down in the Code without the requirement of the General Body decision. However, when arrendamento is granted on long term basis, the General Body decision is mandatory and with approval of the Governor/Head of State thereof. The right granted by Comunidade to hold land on aforamento (lease) basis lapses on expiry of stipulated lease period as contracted at the relevant time, of whatever duration, or purpose, and like arrendamento, does not terminate upon the demise of the grantee, before expiry of the term or lease period. The right granted by the Comunidade to the grantee to hold land by way of emphyteusis (heritable lease i.e. inherited by succession), is not subject to alienation or transfer by sale and cannot be put or used for any other purpose than contracted with the respective Comunidade by the original grantee at the time of grant. The right so granted to private persons to hold land on emphyteusis or otherwise, is subject to escheat and/or to eminent domain of the respective Comunidade and/or subject to acquisition by the respective Comunidade on payment of compensation in the form of refund or remission of twenty annuities collected from the original grantee, whenever the Comunidade is in a position to remit the same for its own benefit, except when the same is granted for religious or pious purposes. It has been observed that several banks, other financial institutions and Corporations have advanced loans and financial assistance to various builders, other business organizations and individuals by securing the same on the land belonging to the Comunidades. This can only be at the risk of those concerned. The banks and other financial institutions have no powers to attach the land of Comunidades to settle any monetary claims with any party who do not possess the ownership Title to the land. The Comunidade has powers and can also exchange the granted land with the original grantee to any other plot. The sale of land of Comunidade can take place by way of public auction of its entire property and assets, only when the respective Comunidade goes bankrupt or under extreme circumstances or when the membership of the respective Comunidade falls below the minimum required in terms of Article 34 of the Code and thus loses its status as Comunidade. The sale of land under these circumstances is at the instance of interested Gaunkars under bankruptcy.