Land Records

By O P Monga

Posted on 05 May 2001

Now we will deal with important aspect of Record of Rights

1) I have only dealt with Land Revenue Code of Maharashtra. Similar Revenue Codes in other States are existing. Chapter X of Maharashtra Land Revenue Code 1966 is with regard to the Land Records. The important Section is Section 148 which covers Law in respect of Record of Rights. The said Section reads as under :-

“ Let us consider what is Record of Rights.

“148, Record of Rights:- A record of rights shall be maintained in every village and such record shall include the following particulars –

1. the names of all persons (other than tenants) who are holders, occupants, owners or mortgages of the land or assignees of the rent or revenue thereof;

2. the names of all persons who are holding as Government lessees or tenants including tenants within the meaning of the relevant tenancy law;

3. the nature and extent of the respective interests of such persons and the conditions or liabilities, if any attaching thereto;

4. the rent or revenue, if any, payable by or to any of such persons ;

5. such other particulars as the State Government may prescribe by rules made in this behalf, either generally or for purposes of any area specified therein.”

2) Let us consider what is Record of Rights. It is a Register giving, first, in a Dairy form, particulars of all private rights over land whether they have been acquired by registered or unregistered documents, by succession, by oral agreement or otherwise; rights of owners, occupants, mortgagees, tenants or assignees of the rents or revenue thereof and also some public rights, easements, and Government rights. The revenue accounts are also based on the Record which thus becomes a record of liabilities as of rights; and each separate kabjedar is now directly liable to Government for the assessment or other dues on the parcel of land of which he is in possession. The result has been the disappearance of the ‘pokalist khatedar’. The word ‘khatedar’ now means an occupant (kabjedar) who has a ‘khata’ in V.F. VIII (Village Forms) and there is no ‘khata’ without actual occupation. For alienated land, the Record of Rights shows which of the holder’s is responsible for the Judi. For lands held on lease or other special tenure the person responsible to Government for the dues is treated as ‘Kabjedar’ which term is used to indicate the responsible holder of rayatwari, alienated or any sort of land.

3. The Record of Rights is the most important document in

the Land Revenue System. The foundation of society and industry in India is in the land and the maintenance of a complete record of rights is a great job. Entries in Record of Rights though not conclusive are evidence of facts recorded therein under Section 35 of the Indian Evidence Act. Record of Rights become very important document regarding title of agricultural properties.

3. Very popular and common entry or certificate is Village

Form No. VII which is an Index of Land, i.e. Record of Rights and Mutation Registry combine. In case of agricultural properties, in most cases it is transferred by inheritance. Therefore, Record of Rights become very important document in case of agricultural land. The said Village Form No. VII gives name of village, survey number of the property, area of the property, assessment payable of the property, who is the occupant (owner of the property), are therein any person who have third party right in the said property, who is in possession and cultivating the property. It also contain various number of Mutation Entries made with regard to the said property, so one can go and look at the mutation entry to find out as to why and how changes are effected. Therefore, indepth study of Record of Rights in case of acquiring agricultural property is most important. For all practical purposes such Record of Rights are the only piece of document to help to ascertain as to who is the owner, what are the rights of other people in the property, who is in possession, what is the area, what is the kind of property, is it agricultural or non-agricultural or gurucharan, etc.

5) More than once the Supreme Court of India has held that revenue records are kept and maintained for the purpose of recovery of revenue. Revenue records cannot and do not confer any title on a person. For the purpose of ascertaining title of the property, you have to look to other documents. But for all practical purposes, as far as the agricultural land is concerned, Record of Rights determine the title of the person and therefore when somebody is dealing properties in villages, good knowledge of Law of Record of Rights is very material and important.