Record of Rights
Ownership and use of a particular parcel of land can be ascertained and guaranteed, if the land records are kept and the laws governing land relationships are published. The land records are ascertaining the state of ownership and property rights. In land deals investigation of the land records is essential to ascertain who the actual owner is.
Over time the "Law" which developed to regulate land relationships has come to focus on classifying the persons using land according to ownership categories and the purpose for which they are using land.
Record of Right is land record where all sorts of right and liabilities in respect of every piece of land are registered.
Subject of Record of Right was discussed in the year 1897 for the purpose of settlement. Settlement is the process which determines amount of land payable to the Government. A first code was prepared on this subject in the year 1903. This code was replaced and incorporated as chapter 10-A in the Bombay Land Revenue Code, 1913. The responsibility for payment of revenue is fixed on the basis of the Record of Rights. Later on the statutory provisions of the Record of Rights are incorporated in chapter 10-A of the Maharashtra Land Revenue code 1966.
Importance of record of right:-
The provisions made in the Maharashtra Land Revenue Code, 1966 are revenue-oriented. Although recent time land revenue is not important source of income of the state, this record remained important because this is registered of rights and liabilities.
After independent rapid development in industry and commerce took place, area under urbanization is also increased. With the result prices of land soared. People found real estate a reliable place for investment. Record of Right became one of the most important documents for investigation of title.
Registered of Record of Right and Registered of crops is prepared and maintained by Talathi in the combined village form VII-XII and Registered of Mutation in village form VI.
Information available in record of rights:-
- Names of all persons who are acquired some rights in the land, nature and limits of their rights and conditions under which the rights are acquired by them. Rent or revenue required to pay by them.
- Details of charges of attachment and decrees under the order of civil court or revenue authorities
- Details of loan taken by the occupant
- 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 in this record.
- Easement, such as right of way is entered in this record.
Procedure of change in rights:-
Any person acquiring by succession, survivorship, inheritance, partition, purchase mortgage, gift, lease or otherwise, any right as holder, occupant , owner, mortgagee , land lord, Government lessee or tenant of the land has obligation to report in writing his acquisition of such right to the Talathi within three months from the date of such acquisition.
When any document is registered under Registration Act 1908, creating any right on land, registering officer has to send intimation to the Talathi and Tahasildar in the first week of each month in respect of documents registered in the preceding month.
After receipt of acquisition report from the person or receipt of intimation from the registering officer, Talathi has to make entry of the same in the registered of mutation. To safeguard interest of the person acquiring right or intend to acquire right in the land Talathi has to write mutation number on record of right by pencil. He has to post up complete copy of the mutation entry in a conspicuous in the Chavdi. Also he has to give written intimation to all persons whose names appeared on record of rights, register of mutation and to any other person to whom he has reason to believe that they are interested therein. Circle inspector has to certify the mutation entry after verifying correctness of the entry. Talathi has to correct relevant village forms and their abstract in accordance with the certified entry.
Where collector‘s permission is required to obtain before acquiring right, person has to apply in prescribed form to the collector. Where right is acquired without permission, Talathi has to record this fact in the register of mutation. Right so acquired will be treated as a null and void.
Rewriting of record of rights:-
The record of rights shall ordinarily be rewritten after a period of ten years. The sub-Divisional Officer may direct the record of rights to be rewritten at the end of a shorter period if he considers that in view of the number of entries made in the record of rights in respect of a large number of survey numbers or sub-divisions of survey numbers in the village, it will be difficult for the Talathi to make any further entries therein.
When the record of rights is to be rewritten, the Talathi shall transfer the entries in the record of rights as they stand up to date to fresh copies of record of rights. The record of rights so prepared shall be checked by the Circle Inspector.
Entries made in record of rights are presumed to be true until the contrary is proved. Where presumption is rebutted by evidence, the entry in the Record of Right does not have its evidentiary value.
The person who raises dispute about incorrectness of the entry in the record of right has to prove his allegations. The entries in record of right, registered of mutation etc. are evidence of the fact recorded therein under section 35 of the Indian Evidence Act, though is not conclusive evidence. The entry in this record has high degree of evidentiary value but the entries create no title.
For more details please see Section 148, Section 157 and Section 327