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Land Rights


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Land Rights

  1. 1. Shekhar Gaikwad
  2. 2. To make it easy for the general public to understand land records & the changes there in, land records are maintained in a uniform pattern & with minimum paper work, in village forms No.1 to 21 throughout Maharashtra. Village form No.7 is the Record of Rights while form No 12 Rights, No.12 contains crop related information. Village form No.7/12 is an extract combining both Record of Rights & crop related information.
  3. 3. Rayatwari System of Land Ownership - Land Owner d l di O deals directly with th G t tl ith the Govt. Lands that do not belong to any person roads, rivers, streams, etc. roads rivers streams etc are all Govt Govt. property Land Occupancy – Transferable & Heritable p y Land revenue is paramount charge on land Limited rights in land g Types of occupancy - a) Occupancy Class - 1 b) Occupancy Class - 2 c) G t l s Govt. leasee
  4. 4. Regd. Sale deed. Case --- Sanjay Deepak Dt. 02.08.1998 Mutation Entry No. 40 Certified on Dt. 20.11.1998 No Dt 20 11 1998 Q. - Who is the land owner on Dt. 15.09.1998
  5. 5. 1) 7/12 is not undisputed proof of land ownership. 2) 7/12 is valid, until it is declared void. 3) Revenue officer is an official dealing only with recording of rights.
  6. 6. Sec. 150 (2) is the most important sec. of M.L.R.C. When ( ) p any change is to be made in the Record of Rights it is very important to give all concerned and interested parties a notice & an opportunity to be heard. Doubtful M.E. Every M.E. Entry Disputed
  7. 7. Possession of land must follow ownership of land, except in case of tenants. Ownership Possession Has possession Therefore is the owner
  8. 8. Vijay made a registered sale deed in favour of Ajay but later he made an allegation that Ajay had deceived him. him As per sec. 91 & 92 of the Indian Evidence Act, When there is written evidence available in form of registered deed, oral evidence does not have value. Many times transaction may not be complete but it is mentioned as complete in the sale deed. While recording ME, ME Revenue officer should not consider private / oral complaints.
  9. 9. Maruti made a registered sale deed in favour of Sitaram & none of the Acts was breached ..... This is a regular legal transaction. It is presumed that there is no violation p of any act.
  10. 10. Anup made an unregistered sale deed on a simple stamp paper in favour of Sanjay. Sanjay then applied for Mutation Entry in his name. As per sec. 17 of Indian Registration Act,any transaction of more than Rs.100 value of land must b t be registered. It i i t d is not possible th t t ibl that the land value is less than Rs.100 anywhere, g hence land transaction must be registered.
  11. 11. Kishor made registered sale deed in favour of Ashok on 8.5.95. Again Kishor made a Agreement of sale in favour of Nitin on 10.6.95 of the same land. Once the entire land is sold by the land owner, he can not make further transaction of the same land. Kishor ceased to be the land owner on the day he made registered Sale deed in favour of Ashok. The later document made on 10.6.95 does not have any value as far as mutation is concerned.
  12. 12. Manoj made a registered Sale deed in favour of Sudhakar on 1.4.98 but afterwards it was revealed that on 3.4.96 Manoj had made registered agreement. of sale in favour of Rambhau. Rambhau In this case ME must be made in favour of the registered sale deed. As per sec. 53 A of the Transfer of Property Act, if a registered Agreement of sale with possession is made then the rights to keep possession are created but not ownership rights.
  13. 13. Ashok sold his land to Vijay but the area sold was more than h t he th what h owned. d As per Transfer Of Property Act Act, the entire area of Ashok is sold by him & bought by Vijay. So the ME may be taken to the extent of Ashok’s area of land as per 7/12 extract.
  14. 14. Dinkar sold 40 R. out of 80 R owned by him, to Vinayak on 2.9.97 by registered sale deed. Later he sold 50 R on 5.12.97 5 12 97 to Sanjay Sanjay. This is another example of selling more land than that is owned. Even if more area is mentioned in the sale deed, The ME to the extent of 40 R f Di k t t f R.of Dinkar and 40 R only should d l h ld be taken to record of rights of sanjay ,the p later purchaser.
  15. 15. Atul sold to Bipin on 10.2.97 all the land owned by him by registered Sale deed. When notice was served on parties, it was f found th t Bi i h d di d on 20 2 97 b f d that Bipin had died 20.2.97 before mutation t ti in record of rights Right of ownership is created by the sale deed. It does not become void, even if the person executing it h ti has di d l t died later on. Th The decision on the ME should be taken considering p g the position on the date of registration.
  16. 16. Sudhir bought 2 Hect. out of 4 Hect. owned by Ramu on 3.8.95. But Ramu died on 9.9.95 before the ME could be taken. Rights are based on the deed executed by a person. Just because the buyer is dead does not mean that his rights are over.
  17. 17. 7/12 extract shows the names of Madhavrao & 2 other people, but it does not show the share of each person. Madhavrao sold 40 R. out of 2 Hec. joint holding to Sitaram. As per sec. 44 of Transfer of Property Act, If the co-holders, individually or jointly sell their share of land, then the seller is replaced by the buyer.
  18. 18. Dilip sold land to Vishal through registered sale deed but the land is on Pradeep’s name as Joint family holder. As per sec. 44 of Transfer of Property Act, If the co-holders, individually or jointly sell co holders, their share of land, then the seller is replaced by the buyer. Revenue officer is one who records the rights of persons, he can not decide the extent of the shares in land.
  19. 19. Prabhakar bought land from Gulabrao through registered sale deed. Immediately afterwards Prabhakar died. In this case the ME should be certified because there in no hindrance to the right of a purchaser who dies after executing a legal sale deed deed.
  20. 20. On 3.8.95, Sudhir bought 2 Hec. Land out of 4 Hec. Owned by Ramu. Before the ME could be taken, Ramu died on 9.9.95. 9 9 95 g g Rights are created on the basis on regd. Documents. Even if a person executing sale deed dies, it does not affect his rights over land. Therefore Sudhir would get 2 ha and heirship entry of ramu would be taken to 2 ha land
  21. 21. Vijayendra, an unmarried Hindu , died on 5.2.97 As per Hindu Succession Act, the names of his legal heirs must be entered in the record of rights. rights First the names of class 1 heirs must class-1 be entered. If no class-1 heir is There, the class-2 heirs will be entered and so on. In case of other religions, the names of legal heirs will be entered as per personal law or Indian Succession Act. di i
  22. 22. Sambhaji died on 4.3.95. He had not legal heirs of ClassI,II,III,IV as per Hindu Succession Act, 1956. But a person having the same surname as Sambhaji’s claimed to be his Sambhaji s legal heir. It is possible that a person who does not even stay in the village or is not remotely related to Sambhaji make such a claim. The talathi should not depend on such a claim, he should examined all d i d ll documents, give necessary notices t i ti to all known relatives & only then take the y entry.
  23. 23. Subhash died on 2.5.94. There was no agricultural land in his name but he had a house in the Village site area. In this case the person owns only a house. The names of his legal heirs will be recorded in the City Survey Records or the Gram Panchayat p y g Property Register.
  24. 24. Dattatraya died on 1.3.93. His name was as joint family manager on 7/12 extract. In such cases the ME regarding the legal heirs should be done in such a way that none of the legal heirs are excluded. The names of all the legal heirs of all brothers should be entered in the Record of Rights
  25. 25. Ramesh, Chairman of Madhukunja Co-op. Hsg. society on behalf of the society., bought land from Maruti through sale deed This land is in the residential zone of Municipal deed. Corporation. It is necessary to see whether provisions of Urban Land Ceiling Act Are followed or Not and whether notification under Sec. 63 of Tenancy Act is issued for Municipal area.
  26. 26. Ramesh, Chairman of Madhukunja Co-op. Hsg. society on behalf of the society, bought land from Maruti through sale deed This land is in the agricultural zone of Municipal deed. Corporation. In this case, the ME must be certified if the land is in municipal area & Govt. has notified such lands for industrial or non agricultural purpose under tenancy act.
  27. 27. Ramesh, Chairman of Madhukunja Co-op. Hsg. society on behalf of the society, bought land from Maruti through sale deed. deed This land is in the Rural area of Municipal Corporation. Unless a society is registered, it can not be said to be in existence. In this case Ramesh must be an agriculturist to fulfill condition of Bombay Tenancy Act-section 63.
  28. 28. Industrialist Amin Chandra bought land in industrial zone, despite not being an agriculturist He has bought land for starting an industry. As A per sec. 63 (1)(A) f B b (1)(A)of Bombay T Tenancy A t non Act agriculturist can buy up to 10 Hec. of land for bonafide industrial use in industrial zone of Maharashtra.But for more than 10 ha area he should take prior permission of Development Commissioner under sec. 63.
  29. 29. Satyajit bought 2 R. land out of 2 Hec. 50 R. from Gat No. 140 belonging to Govind. The Prevention of Fragmentation & Consolidation of Holdings Act is in force in the village. This transaction violates the provision of the P.F.C.H. Act so the ME must be rejected. In order to prevent similar such transaction & transaction, entry must be taking in the other rights column. As per P.F.C.H. Act, minimum area for each village has been notified & land can not be fragmented into less than that area.
  30. 30. On 30.4.2011 Sanjay bought land from Raju, who is powery p pp of-attorney holder of Dilip Kumar. When he approached village Talathi for mutation and notices were issued ,it was found that Dilipkumat, the owner had died in 2009. The power-of-attorney becomes defunct on the day th l d owner di d the land dies.
  31. 31. Anthony bought some land from Moreshwarin Maharashtra. He submitted a 7/12 extract from Kerala to show that he is farmer. In such a case even if there is no dispute, the evidence submitted is verified from district di t i t administration and th d i i t ti d then d i i decision on mutation is taken.