LAND RECORDS

Correctly maintained up-to-date land records are not only highly useful for policy formulation but are also very helpful in maintaining harmonious relations among different social groups in the rural society by reducing land related litigation.

?

For the purposes of MLR Code 1966, "Land Records" means records maintained under the provisions of code. It includes a copy of maps and plans or a final town planning scheme, improvement scheme or a scheme of consolidation of holdings.

?

Department of Land Records

?

At the State level, the Land Records Department is controlled by the Director of Land Records and Settlement Commissioner, Maharashtra State, Pune. At the district and taluka level the work is done by the District Inspector of Land Records and Taluka Inspector of Land Records respectively. Functions of the Land Records department are as follows:-

?

1.????????????to maintain all survey, classification and settlement records up-to-date by keeping a careful note of all changes by conducting field operations preliminary to incorporation of the changes in survey records;

2.????????????to collect and provide statistical information necessary for the sound administration of all matters connected with land;

3.????????????to simplify the procedure and reduce the cost of litigation in revenue and civil courts by providing reliable survey and other land records for the purpose;

4.????????????to supervise the preparation and maintenance of Record of Rights by periodical inspection and maintenance and repairs of the boundary marks of individual fields;

5.????????????to conduct periodical revision settlement operations;

6.????????????to organize and carry out surveys of village sites on an extensive scale and arrange for their proper maintenance;

7.????????????to maintain up-to-date all village maps by incorporating necessary changes as and when they occur;

8.????????????to maintain all tahsil maps up-to-date, to reprint them and to arrange for their distribution to various departments for administrative purposes and for sale to public; and

9.????????????to train revenue officers in survey and settlement matters.

?

List of Land Records

?

1.????????????All records maintained under various "Village Forms" are land records.

2.????????????Map or plan of survey number or subdivision of survey number prepared under the MLR Code 1966

3.????????????Town Planning Records: Maps of Town Planning Scheme, Improvement Scheme etc.

?

Village Forms

?

Revenue accounts system at village level is maintained by Talathi in 16 village forms. Purposes of keeping these village forms are as mentioned below:-

?

1.????????????To keep revenue accounts relating to area and land revenue.

2.????????????To keep accounts relating to persons from who land revenue is realizable.

3.????????????To keep Revenue Accounts of recoveries, with the balance sheet.

4.????????????To keep Revenue accounts relating to statistics for sound general administration.

5.????????????To keep Accounts of dues other than land revenue and forms and registers in respect of administration and other matters.

?

We are considering only the?below mentioned forms which are required to maintain for keeping revenue accounts relating person from whom land revenue is realizable.

?

1.????????????Village Form VI

2.????????????Village Form VII-XII

3.????????????Village Form VIII-A

4.????????????Village Form VII-B

5.????????????Village Forms VI-C

?

Village Form VI

?

This form is also called register of mutation. Mutation means substitution of the names of a person in the Record of Right. This is a record of changes in the record of right. This is done by the Revenue Officers u/s 148[1], 149[2], 150[3], 151[4] and 154[5] of M.L.R. Code 1966. Transfer may be by Will[6], Sale[7], Mortgage[8], Lease[9], Exchange[10], Gift[11] or Inheritance

?

This is very useful record as one can find out history of land.

?

Village Form VII-XII

?

This is combined Registered of Record of Right and Registered of crops.

?

Village Form VII (Record of Right) consists of the below mentioned column.

?

1. Name of the village
2. Name of the taluka
3. Survey No/Gat No. and its sub division Number.
4. Tenure (Marathi-Bhudharana paddhti-Type of occupancy)
5. Name of the occupant (Marathi-Bhogvatadarache nav)
6. Local name of the field.
7. Cultivable area
8. Total
9. Uncultivable land (Marathi-Pot kharaba) class (a) and Class(b)
10. Total
11. Assessment
12. Judi or special assessment
13. Khata No.
14. Rent Rs. P.
15. Other rights

?

Explanation of entries:-

?

Tenure-Occupancy

?

[Marathi-Bhudharana- Occupancy, paddhti-Type of( occupancy)]

?

Occupant

?

Occupant and occupancy:-

?

Occupant is a person having lawful and actual possession of the land whereas occupancy means portion of the land held by the occupant. Occupant is responsible to pay land revenue to the Government. Occupancy is liable to forfeiture in case occupant fails to pay land revenue to the Government. On forfeiture occupant and his hairs loses all their right on the land. Occupancy is transferable immovable property. The way of transfer may be by sale, by mortgage, by lease, by exchange, by gift or by his will.

?

Under section 29[12] of MLR Code1966 persons are classified into occupant class I and occupant class II.

?

Occupant Class I

?

Person classified into this class is free to transfer the agricultural land without permission of collector in favour of person who is agriculturist.

?

Occupant Class II

?

Lands purchased by tenant under the provision of The Bombay Tenancy And Agricultural Lands Act 1948., lands granted by Government to the Schedule Cast/?Tribes persons, freedom fighter, member of army forces, ex-service man?are allowed to transfer only after collector’s permission. Persons holding land under this category are classified as an Occupant Class II.

?

Under the column Tenure, Talathi has to write Occupant’s class (I or II)

?

Local name of field

?

Considering shape or location of the field farmers has given names to their field, for example ohalacha mal (field where spring water is flowing). Local names are useful for finding out exact location of land.

?

Potkarab?Class (a) and Class (b)

?

It means uncultivable portion of the land. It is of two kinds-

?

(a)???????that which is classed as a unfit for the cultivation i.e rocky area, land under nala and farm building etc.

?

(b)???????that which is reserved for?public purpose i.e. road, recognized foot path and public place of drinking water etc.

?

Khata number.

?

Under this column Talathi has to right??khata number of form VIII-A.

?

Other right

?

1.???????Details of charges of attachment and decrees under the order of civil court or revenue authorities

2.???????Details of loan taken by the occupant

3.???????If land is classified as a “fragment” under the section 6 of the Bombay prevention of fragmentation and consolidation of holding Act 1947, the same is noted as a “fragment” in this column.

4.???????Easement, such as right of way.

5.???????If right is acquired by heir-ship, names of heirs with whom land is not in actual possession.

?

Village Form XII

?

This is registered of crops. In this form below mentioned details are available:-

?

1.????????????Names of the crops and the area covered by them.

2.????????????Names and numbers of the fruit trees and fuel trees.

3.????????????Source of water for irrigation such as wells, tube wells and rivers etc.

4.????????????Area under grass.

5.????????????Area under building, roads and other non agricultural used.

6.????????????Land that has been left idle in the current crop season to improve the productivity of the land, and land that is fallowed for a longer time period and for which no cultivation activity has been planned.

?

Village Form VIII-A

?

In this form detail of khatedars land with the area and taxes payable by him is entered by Talathi.

?

Subsidiary Registers

?

Village Forms VI-C

?

This is registered of heir-ship cases. In this form below mentioned details are available:-

?

1.????????????Name of the deceased occupant or the name of the deceased “other right holder.”(“other right holder” means person whose name is entered in “other right” column of village form VII)

2.????????????Date of death.

3.????????????Old khata number of village form VIII-A.( deceased occupant’s khata number)

4.????????????Names of the legal heirs

5.????????????Names of the heirs with whom land is in actual possession.(“Occupant”)

6.????????????Details of the order of the Tahasildar as to who should be enter as a “Occupant” and who should be enter in the “other right column” of Village Form VII.

7.????????????Entry number of village form VI regarding decision taken by Tahsildar about heir-ships.

?

Village Form VII-B

?

This is registered of persons whose names are not enter in a Record of Rights as a occupant but are in actual possession of the land. Possession of the land for very long period is as good as ownership of the land.

?

If during the period of crop inspection Talathi finds that the person cultivating land is not the person who is supposed to cultivate the land as per Record of Right, under the circumstances he has to enter his name in this village form as possessor of the land and send extract of the same entry to the Tahasildar for further action. Tahasildar has to complete enquiry as per the rules and decide the matter. For more details please see chapter “Possession of the Land”

?

Above forms are very important as they provide protection to all who hold interest in the land. The entries made in the village forms are evidence of the facts recorded therein under section 35[13] of the Indian Evidence Act.

?

The above mentioned land records are open for inspection under section 327[14] of Maharashtra Land Revenue Code 1966

?

Also visit Maharashtra Land Revenue Record of Rights and Registers (Preparation and Maintenance) Rules, 1971.

?

[1] RECORD OF RIGHTS

A record of rights shall be maintained in every village and such record shall include the following particulars:

(a)???????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;

(b)???????the names of all persons who are holding as Government lessees or tenants including tenants within the meaning of the relevant tenancy law;

(c)???????the nature and extent of the respective interests of such persons and the conditions or liabilities, if any, attaching thereto;

(d)???????the rent or revenue, if any, payable by or to any of such persons;

(e)???????such other particulars as the State Government may prescribed by rules made in this behalf, either generally or for purposes of any area specified therein.

[2] ACQUISITION OF RIGHTS TO BE REPORTED

Any person acquiring by Succession, survivorship, inheritance, partition, purchase, mortgage, gift, lease or otherwise, any right as holder, occupant, owner, mortgagee, landlord, Government lessee or tenant of the land situated in any part of the State or assignee of the rent or revenue thereof, shall report orally or in writing his acquisition of such right to the Talathi within three months from the date of such acquisition, and the said Talathi shall at once give a written acknowledgement of the receipt of such report to the person making it :

Provided that, where the person acquiring the right is a minor or otherwise disqualified, his guardian or other person having charge of his property shall make the report to the Talathi

Provided further that, any person acquiring a right with the permission of the Collector. or by virtue of a registered document shall be exempted from the obligation to report to the Talathi

Provided also that, where a person claims to have acquired a right with the permission of the Collector where such permission is required under the provisions of this Code or any law for the time being in force, such person shall on being required by the Talathi so to do produce such evidence of the order by which such permission is given as may be required by rules made under this Code.

Explanation I: - The rights mentioned above include a mortgage without possession, but do not include an easement or a charge not amounting to a mortgage of the kind specified in section 100 of the Transfer of Property Act, 1882.

Explanation, II: - A person in whose favour a mortgage is discharged or extinguished, or lease determined, acquires a right within the meaning of this section.

Explanation III: - For the purpose of this Chapter, the term Talathi includes any person appointed by the Collector to perform the duties of a Talathi under this Chapter.

[3] REGISTER OF MUTATIONS AND REGISTER OF DISPUTED CASES

(1)??????????The Talathi shall enter in a register of mutations every report made to him under section 149 or any intimation of acquisition or transfer under section 154 or from any Collector.

(2)??????????Whenever a Talathi makes an entry in the register of mutations, he shall at the same time post up a complete copy of the entry in a conspicuous place in the Chavdi, and shall give written intimation to all persons appearing from the record of rights or register of mutations to be interested in the mutation, and to any other person whom he has reason to believe to be interested therein.

(3)??????????When any objection to any entry made under sub-section (1) in the register of mutations is made either orally or in writing to the Talathi, it shall be the duty of the Talathi to enter the particulars the objections in a register of disputed cases. The Talathi shall at once give a written acknowledgement for the objection to the person making it in the prescribed form.

(4)??????????Disputes entered in the register of disputed cases shall as far as possible be disposed of within one year by a revenue or survey officer not below the rank of an Aval Karkun and orders disposing of objections entered in such register shall be recorded in the register of mutations by such officer in such manner as may be prescribed by rules made by the State Government in this behalf.

(5)??????????The transfer of entries from the register of mutations to the record of rights shall be effected object to such rules as may be made by the State Government in this behalf:

Provided that, an entry in the register of mutations shall not be transferred to the record of rights till such entry has been duly certified.

(6)??????????Entries in the register of mutations shall be tested and if found correct, or after correction, the case may be, shall be certified by any revenue or survey officer not below the rank of an Aval karkun in such manner as may be prescribed:

Provided that, entries in respect of which there is no dispute may be tested and certified by circle Inspector:

Provided further that] no such entries shall be certified unless notice in that behalf is served on the parties concerned.

(7)??????????The State Government may direct that a register of tenancies shall be maintained in such manner and under such procedure as may be prescribed by rules made by the State Government in this behalf.

[4] OBLIGATION TO FURNISH TO INFORMATION, OBLIGATION TO FURNISH ENTRIES FROM RECORD OF RIGHTS, ETC., TO HOLDER OR TENANT IN BOOKLET FORM AND TO MAINTAIN BOOKLET ETC

(1)??????????Any person whose rights, interests or liabilities are required to be, or have been entered in any record or register under this Chapter shall be bound, on the requisition of any revenue officer or Talathi engaged in compiling or revising the record or register, to furnish or produce for his inspection, within one month from the date of such requisition, all such information or documents needed for the correct compilation or revision thereof as may be within his knowledge or in his possession or power.

(2)??????????A revenue officer or a Talathi to whom any information is furnished or before whom any document is produced in accordance with the requisition under sub-section (1), shall at once give a written acknowledgement thereof to the person furnishing or producing the same and shall endorse on any such document a note under his signature stating the fact of its production and the date thereof and may return the same immediately after keeping a copy of it, if necessary.

(3)??????????Every holder of agricultural land (including a tenant if he is primarily liable to pay land revenue therefore), on making an application in that behalf in writing, may be supplied by the Tidathi with a booklet containing a copy of the record of rights pertaining to such land.

(4)??????????The booklet shall also contain information regarding the payment of land revenue in respect of land and other Government dues by the holder or, as the case may be, the tenant and also information as respects the cultivation of his land and the areas of crops sown in it as shown in the village accounts and such other matters as may be prescribed.

(5)??????????Every such booklet shall be prepared, issued and maintained in accordance with the rules made by the State Government in that behalf. Such rules may provide for fees to be charged for preparing, issuing and maintaining the booklet. '[The fees so charged may, subject to the orders of the State Government, if any, be retained by revenue officer preparing, issuing and maintaining the booklet.

(6)??????????Where any booklet is prepared, issued or maintained immediately before the coming into force of this Act, such booklet shall be deemed to have been prepared, issued and maintained in accordance with the provisions of this Act and the rules ma& there under until provision is made for preparing, issuing and maintaining the booklet in any other form or manner under the rules made in that behalf by the State Government.

(7)??????????Every information in so far as it relates to 1he records of rights, contained in the booklet prepared, issued or maintained or deemed to have been prepared, issued or maintained in accordance with the provisions of this Code and the rules made there under shall be presumed to be true until ,the contrary is proved or until such information is duly modified under this Code.

[5] INTIMATION OF TRANSFERS BY REGISTERING OFFICERS

When any document purporting to create, assign or extinguish any title to, or any charge on, land used for agricultural purposes, or in respect of which a record of rights has been prepared is registered under the Indian Registration Act, 1908, the officer registering the document shall send intimation to the Talathi of the village in which the land is situate and to the Tahsildar of the taluka, in such form and at such times as may be prescribed by rules made under the Code

[6] Section 2(h) of Indian Succession Act -

"Will” means the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death.

[7] Section 54 in The Transfer of Property Act, 1882

?“Sale” defined — ‘‘Sale” is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised.

Sale how made.— Such transfer, in the case of tangible immoveable property of the value of one hundred rupees and upwards, or in the case of a reversion or other intangible thing, can be made only by a registered instrument.

In the case of tangible immoveable property of a value less than one hundred rupees, such transfer may be made either by a registered instrument or by delivery of the property. Delivery of tangible immoveable property takes place when the seller places the buyer, or such person as he directs, in possession of the property.

Contract for sale.—A contract for the sale of immoveable property is a contract that a sale of such property shall take place on terms settled between the parties. It does not, of itself, create any interest in or charge on such property.

[8] Section 58 in The Transfer of Property Act, 1882 -

“Mortgage”, “mortgagor”, “mortgagee”, “mortgage-money” and “mortgage-deed” defined.—

(i)???????????A mortgage is the transfer of an interest in specific immoveable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance of an engagement which may give rise to a pecuniary liability. The transferor is called a mortgagor, the transferee a mortgagee; the principal money and interest of which payment is secured for the time being are called the mortgage-money, and the instrument (if any) by which the transfer is effected is called a mortgage-deed.

(ii)?????????Simple mortgage.—Where, without delivering possession of the mortgaged property, the mortgagor binds himself personally to pay the mortgage-money, and agrees, expressly or impliedly, that, in the event of his failing to pay according to his contract, the mortgagee shall have a right to cause the mortgaged property to be sold and the proceeds of sale to be applied, so far as may be necessary, in payment of the mortgage-money, the transaction is called a simple mortgage and the mortgagee a simple mortgagee.

(iii)???????Mortgage by conditional sale.—Where, the mortgagor ostensibly sells the mortgaged property— on condition that on default of payment of the mortgage-money on a certain date the sale shall become absolute, or on condition that on such payment being made the sale shall become void, or on condition that on such payment being made the buyer shall transfer the property to the seller, the transaction is called mortgage by conditional sale and the mortgagee a mortgagee by conditional sale: 1[Provided that no such transaction shall be deemed to be a mortgage, unless the condition is embodied in the document which effects or purports to effect the sale.

(iv)????????Usufructuary mortgage.—Where the mortgagor delivers possession 1[or expressly or by implication binds himself to deliver possession] of the mortgaged property to the mortgagee, and authorises him to retain such possession until payment of the mortgage-money, and to receive the rents and profits accruing from the property 2[or any part of such rents and profits and to appropriate the same] in lieu of interest, or in payment of the mortgage-money, or partly in lieu of interest 3[or] partly in payment of the mortgage-money, the transaction is called an usufructuary mortgage and the mortgagee an usufructuary mortgagee.

(v)??????????English mortgage.—Where the mortgagor binds himself to repay the mortgage-money on a certain date, and transfers the mortgaged property absolutely to the mortgagee, but subject to a proviso that he will re-transfer it to the mortgagor upon payment of the mortgage-money as agreed, the transaction is called an English mortgage.

(vi)?????????Mortgage by deposit of title-deeds.—Where a person in any of the following towns, namely, the towns of Calcutta, Madras, 5[and Bombay], 6[* * *] and in any other town7 which the 8[State Government concerned] may, by notification in the Official Gazette, specify in this behalf, delivers to a creditor or his agent documents of title to immoveable property, with intent to create a security thereon, the transaction is called a mortgage by deposit of title-deeds.

(vii)??????Anomalous mortgage.—A mortgage which is not a simple mortgage, a mortgage by conditional sale, an usufructuary mortgage, an English mortgage or a mortgage by deposit of title-deeds within the meaning of this section is called an anomalous mortgage.

[9] Section 105 in The Transfer of Property Act, 1882

Lease defined.—A lease of immoveable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified occasions to the transferor by the transferee, who accepts the transfer on such terms. Lessor, lessee, premium and rent defined.—The transferor is called the lessor, the transferee is called the lessee, the price is called the premium, and the money, share, service or other thing to be so rendered is called the rent.

[10] Section 118 in The Transfer of Property Act, 1882

“Exchange” defined.—When two persons mutually transfer the ownership of one thing for the ownership of another, neither thing or both things being money only, the transaction is called an “exchange”. A transfer of property in completion of an exchange can be made only in manner provided for the transfer of such property by sale.

[11] Section 122 in The Transfer of Property Act, 1882

“Gift” defined.—“Gift” is the transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee. Acceptance when to be made.—Such acceptance must be made during the lifetime of the donor and while he is still capable of giving. If the donee dies before acceptance, the gift is void.

?

[12] CLASSES OF PERSONS HOLDING LAND

(1)??????????There shall be under this Code the following classes of persons holding land from the State, that is to say

(a)??????????Occupants - Class 1,

(b)?????????Occupants - Class 11, (e) Government lessees.

(2)??????????Occupants - Class I shall consist of persons who

(a)??????????hold unalienated land in perpetuity and without any restrictions on the right to transfer;

(b)?????????immediately before the commencement of this Code hold land in full occupancy or Bhumiswami rights without any restrictions on the right to transfer in accordance with the provisions of any law relating to land revenue in force in any part of the State immediately before such commencement; and

(c)??????????notwithstanding any notification of order issued under Section 150 of the Madhya Pradesh Land Revenue Code 1954 (MP I I of 1955) are holders of land in Bhumidbari rights in any local areas in Vidarbha and are permitted hereafter. Subject to the rules made by the State Government in this behalf, on payment of a premium (not exceeding three times the assessment payable in respect of such land) to be included in Occupants - Class 1.1

(3)??????????Occupants-Class 11 shall consist of persons who (a) hold unalienated land in perpetuity subject to restrictions on the right to transfer; (b) immediately before the commencement of this Code hold

(i)???????????land in Vidarbha in Bhumiswami rights with restrictions on the right to transfer or in Bhumidhari rights under the Madhya Pradesh Land Revenue Code, 1954; and

(ii)?????????elsewhere hold land in occupancy rights with restrictions on the right to transfer under any other law relating to land revenue; and

(iii)????????before the commencement of this Code have been granted rights in unalienated land under leases which entitle them to hold the land in perpetuity, or for a period not less than fifty years with option to renew on fixed rent, under any law relating to land revenue and in force before the commencement of this Code; and all provisions of this Code relating to the rights, liabilities and responsibilities of Occupants Class 11 shall apply to them as if they were Occupants Class 11 under this Code.

?

[13] Section 35 in The Indian Evidence Act, 1872

Relevancy of entry in public 1[record or an electronic record] made in performance of duty.—An entry in any public or other official book, register or 1[record or an electronic record], stating a fact in issue or relevant fact, and made by a public servant in the discharge of his official duty, or by any other person in performance of a duty specially enjoined by the law of the country in which such book, register, or 1[record or an electronic record] is kept, is itself a relevant fact.

[14] MAPS AND LAND RECORDS OPEN TO INSPECTION ETC

Subject to such rules and the payment of such fees as the State Government may from time to time prescribe in this behalf, all maps and land records shall, subject to such restrictions as may be imposed, be open to the inspection of the public at reasonable hours and certified extracts from the same or certified copies thereof shall be given to all persons applying for the same.

?