Land titling kerala

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Land titling kerala

  1. 1. THE FUNDAMENTAL PRINCIPLES OFTHE FUNDAMENTAL PRINCIPLES OF PROPERTY TITLINGPROPERTY TITLING Land Titling Bill, 2010 by Dr.D Sajith Babu Assistant Commissioner [Revenue] & Special Officer [Kerala State Land Bank] Kerala State Land Bank
  2. 2. Objective of the Act TO ISSUE INDEFEASIBLE TITLE TO THE LAND HOLDERS
  3. 3. HOW A PERSON DERIVES TITLE NOW ? THROUGH A REGISTERED DEED ? NO Section 21 & 22 of Registration Act,1908:Registering Officer can register all documents on land provided sufficient stamp is affixed and execution of deeds with or without transfer of registry afterwards. THROUGH TRANSFER OF REGISTRY ? NO Transfer of Registry Rules,1966: Even though Transfer of Registry [ Pokkuvaravu] is effected it does not confer absolute indefeasible title to a person THROUGH LAND ASSIGNMENT ? NO Kerala Land Assignment Act,1960: All the Rules framed under this assign only conditional pattayams The only way is through SETTLEMENT
  4. 4. TWO COMPONENTS OF TITLE SPATIAL DATA: Survey maps created by Department of survey & Land Records TEXTURAL DATA: Being updated by Department of Revenue through Transfer of registry Rules An INDEFEASIBLE TITLE can be realized only when both Textural as well as Spatial data are combined in a single document after all verifications
  5. 5. History of survey / resurvey / settlement YEAR TYPE 1773 AD KETTEZHUTHU 1803 AD KANDEZHUTHU 1837 AD MEASUREMENT USING 10 FEET LONG RODS 1887 – 1904 based on settlement proclamation of 24.02.1886 INTRODUCED CENTS & ACRES and for the first and last time defined FREEHOLD 1905 - 1911 MODERN SURVEY USING THEODOLITE 26.07.1914 GOVERNMENT ISSUED AN ORDER TO LIMIT LRM WORK ONLY TO POROMBOKE LANDS AND SUBDIVISIONS RESULTING OUT OF ASSIGNMENT, TRANSFER OF REGISTRY & ACQUISITIONS 22.12.1961 THE PRESENT RESURVEY PROCESS STARTED
  6. 6. Why And Whether I Need A Sketch With Side Measurements and Angles ?
  7. 7. We Did Not Ask You For It !!! Rather We Asked Only Smart Maps VILLAGE OFFICER SUB REGISTRAR BANKER ALLOTHERS
  8. 8. GOVERNMENT What Do I Do with Sketches With Side Measurements & Angles Of Private Persons ?
  9. 9. THEN WHO ELSE WANT IT? “NOBODY”
  10. 10. Land Titling Act,2010 • On 21st August, 2008, the Union Cabinet took a historic decision to usher-in the system of conclusive titling based on the Torrens system. • The Union Cabinet also directed the DoLR to draft a Model Titling Law. Kerala State Land Bank
  11. 11. Main features of the Bill  The Bill is proposed to be enforced in a modular way. Separate areas may be notified as and when they are ready for titling.  To begin with titling will be voluntary and after issue of notification, interested persons will be invited to apply for indefeasible titles.  Provisional entries to attain conclusiveness after 3 years.  After a period of time (the Bill proposes 5 years) the provisions of the Bill will be made compulsory. This will prevent clandestine reversion to deeds and documents system. Kerala State Land Bank
  12. 12. Compulsory intimations to the LTA – by all agencies that affect property titles (Chapter VIII) Non-compliance of requirements of this Act will render the transfer, grant or creation of title or right or interest void ab initio The LTA will charge reasonable fees for all services rendered. Property with no rightful title holder to vest in the Government Penalties for failure to furnish information, willful concealment of information or deliberate furnishing of false information, willful violation of the Act. Main features of the Bill contd.. Kerala State Land Bank
  13. 13. Constitution of a Land Titling Authority The Land Titling Authority (LTA) is proposed to be created with the powers of a civil court and will perform the following functions: (a) maintain the Register of Titles, Register of Disputes, Register of Charges and Covenants, Register of Property Valuation and Index of Maps (b) assign unique property identification numbers to each immovable property in the notified area. (c) undertake property valuation and provide this information to the citizens (d) create and operate the Title Guarantee Fund (e) award conclusive and indefeasible property titles (f) indemnify the entries in the Register of Titles Kerala State Land Bank
  14. 14. The LTA to have four divisions: A Central Title Registry for the State/UT – the Registry will maintain 3 Registers, viz., the Register of Titles, the Register of Disputes and the Register of Charges and Covenants. Survey, Settlement and Land Information System – will prepare boundaries of each immovable property within the notified area and give to each a unique property identification number, maintain an Index of Maps and indicative maps and maintain a LIS. Organizational Structure proposed for the LTA Kerala State Land Bank
  15. 15. Organizational Structure proposed for the LTA contd …  Property Valuation – will maintain a Register of Property Valuation with property valuation details for each immovable property in the notified area.  Legal Services & Title Guarantee – will maintain and operate the Title Guarantee Fund and put in place the system for indemnification of the correctness of titles. The Authority shall guarantee title of ownership of a property with unique property identification number as recorded in the Register of Titles but not the boundaries and areas of the property The LTA may set up other administrative divisions as per its requirement. Kerala State Land Bank
  16. 16. Creation of the Land Titling Tribunal The Land Titling Tribunal is proposed to be vested with the powers of a civil court but would regulate its own procedure so that it can decide cases faster than a civil court. The jurisdiction of the civil courts will be barred. (i) Main functions of the Tribunal: (a) to adjudicate on claims preferred for payment of compensation from the Title Guarantee Fund/private parties operating the Fund (b) to hear appeals against the orders of the Land Titling Authority regarding provisional titles. (ii) Appeals against decisions of the Tribunal shall lie with the High Court. Kerala State Land Bank
  17. 17. Option I Keeps the title himself, for regular payment of Basic Tax Takes this to Village Office for effecting mutation in his name for payment of basic tax Option II Willing to sell the land Takes the title to Sub-registrar Sub-registrar verifies the documents along with title and if transfer of title is involved then Sends Form A to O/o SLTA Option III SLTA makes necessary changes in title registry and informs V.O by changing common database of V.O,SRO and S.L.T.A Receives land title from O/o SLTA
  18. 18. Amendments required in the following Acts  The Indian Stamp Act, 1899  The Registration Act, 1908  The Limitation Act, 1963  The Land Acquisition Act, 1894  The Transfer of Property Act, 1882  State Laws – Transfer of registry Rules and Registration Rules Kerala State Land Bank
  19. 19. Relevance of the Act in Kerala  High density of population might pose more pressure on limited land parcels in the days to come  The manual data processing might result in more deliberate / pressure driven mistakes in future  The present re(settlement)survey might become an outdated affair under a hyper sensitized society on land laws, coupled with an activated judiciary  No one wants or require a sketch with side measurements and angle to effect a land transaction including that for bank transactions Kerala State Land Bank
  20. 20. Advantage Kerala  The survey might cost dearly to Government as sub-division survey, updation survey and re(settlement)survey will be more expensive and cumbersome in future  The proposed BHOOREKHA in the revised NLRMP for Kerala can be pushed as the LAND TITLE as we have gone far ahead in 573 resurveyed villages. This indefeasible title can be issued by STAK [State land Titling Authority of Kerala] following the " osmosis principle at the first instance and from the second time“ onwards it should happen without any outside push of the system Kerala State Land Bank
  21. 21. Modus operandi of State Land Titling Authority of Kerala Ist (a) STEP: Survey only Government lands and publish the details in the website www.kslb.kerala.gov.in along with Geo-Referenced sketches as per section 4 of the Survey & boundaries Act,1961 Ist (b) STEP : Computerise all the textural data within a month in a village with a cut off date and introduce online transfer of registry IInd STEP : Geo- Reference adequate control points at appropriate distances in village towards issuing geo-referenced sketches on specific requests
  22. 22. COMMON LAND DATABASE VILLAGE OFFICE O/o The Addl. Tahsildar 2. PREPARES APPLICATION FOR THE LAND TRANSACTION 1. GETS BHOOREKHA WWW Public access Or SRO Akshaya Center Verifies the data entry with TP number from the common land database PartWhole Online Land Tax Payment Data access to other depart ments Sendstheprocessedapplicaationfor verificationofSRO Verifies the data entry with TP number from the common land database
  23. 23. Advantage Kerala  Inventory created by Kerala State Land Bank may be enriched with more geo referenced surveys by invoking Rule 82 of Survey and Boundaries Rules, 1964  The total station survey teams with Kerala Land Information Mission [KLIM] may be given the task of establishing adequate Control Points for geo-referencing any parcel of land towards issuing the same on specific requests by the interested parties  The LAND TITLING AUTHORITY can be set up as an umbrella organisation of KLIM & KSLB along with the Tribunal to be formed. As with the mandatory Form A [See Rule 15 of Transfer of Registry Rules] and through online mutation the registration can be perfectly reflected in the mutations under the mirror principle of Torrance, it does not matter whether party bothers to intimate the transaction to the Revenue authorities or not Kerala State Land Bank
  24. 24. 24 Thank you Dr. D. Sajith Babu Assistant Commissioner [LA] & Special Officer, Kerala State Land Bank Mobile:09447271243 Email.:sajithrevenuedc@gmail.com FAX:0471 2328441

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