Land Ownership and Land Registry Law in India

Land or estate can still be considered as the most valuable asset one can hold. The reasons are quite simple. The value of the land never, or one can say rarely, comes down. With the continuous rise in the populations of the world, the demand-supply gap is playing a considerable role in the increase of the value of the land over a period of time.

We need to understand the law relating to the documentation of the land registry. What is the basis on which one can claim title over the land, and what are the consequences of registering or non-registering the land in India?

Understanding Land Registry Documents-

The documents which are necessary to understand one’s right in the land are technical and at times requires expertise for understanding. However, an attempt is being made for the readers to understand such documents, in the context of the State of Punjab.

The areas falling under the definition of the village have following documents relevant to prove ownership-

1. Jamabandi: Jamabandi refers to a record of rights. Every village has different jamabandi. It is made after every five years.

It lets the owner know who owns the property, what is her share in the property and on what basis the share has been received or inherited. It also tells other details like whether the land is agricultural, residential, nehri (next to the canal).

The land is divided into Khewats, Khataunis and Khasra numbers the details of which are mentioned in the Jamabandi itself.

It is necessary to note down that mere existence of a right in the land is not sufficient. The name has to be mutated in the Jamabandi whenever one acquires any right in the property.

2. Naksha Ura: Naksha Ura, like Jamabandi, is also a public document. However, Naksha Ura states explicitly as to who owns how many shares in the property and under which khasra number.

3. Aks Sijra: It is a village map in which the owner’s portion of the land is marked.

4. Khasra Girdwari: It means the document containing names of owners, names of cultivators, details of current crop on the land and area of land.

However, the area falling under the municipal corporation/ councils do not have any of the records mentioned above, and the ownership is proved on the basis of title deeds.

Land registry title deeds

Title deeds are the documents based on which one can claim title over the property. One can acquire property in India based on the following:-

Inheritance

Will

Gift deed

Sale deed/ Agreement to sell

Government grants

Except when one acquires the property by way of inheritance (from ancestors), all the other types must exist in physical form.

The above types are discussed in brief as follows:-

Inheritance- One can acquire property in India from one’s ancestors by way of natural succession/ inheritance. Hindu Succession Act-1956 and Indian Succession Act-1925 deal with this. One gets right in the property of the father since the moment of conception in the womb of his/ her mother.

However, the mere acquisition of the right is not enough. One has to get one’s name mutated in the records of the government to get the title of the property.

Will-

One can acquire property by way of Will. Such a Will can be made even in favour of a third person who is not related to the testator. However, it might get challenging to prove the genuineness of such Will if a suit is filed in the court of law to declare the Will null and void, even though registered.

Clause (e) of Section 18 of the Indian Registration Act, 1908 makes the registration of Wills an optional affair. Though the registration of the Wills is not mandatory in India, one can claim mutation of records of government as to the title of the property based on Will.

Gift Deed-

One can claim title over the property based on Gift deed. Clause (a) of Section 17 of the Indian Registration Act, 1908 makes the registration of gift of immoveable property mandatory.

Sale Deed/Agreement to Sell-

Sale Deed/ Agreement to Sell also require mandatory registration under clauses (b) and © of Section 17 of Indian Registration Act, 1908.

Government Grants-

Government of India and various States, from time to time, come up with policies to provide land to certain classes of people.

Steps for Registration of Property in India

The importance of Registering land at the land registry

At this juncture, one might wonder of the consequences of not registering the documents which are mandatorily required to be registered. The effect is twofold.

Firstly, Section 49 of the Indian Registration Act, 1908 makes it categorically clear that the document, the registration of which is mandatory, if not registered

Shall not affect any immovable property comprised at the time

Shall not confer any power to adopt

Shall not be taken as evidence of any such property transaction or confers such power

Secondly, registration of a document makes it a public document. The courts of law are bound under Section 79 of the Indian Evidence Act, 1872 to presume the genuineness of the public document. In such a scenario, the claim by the rival party to the property, which is in the name of the person in records becomes weak and gets difficult to be established.

The rights only exist until they can be proven in records. The concept of conclusive titling has still not devolved in India, though under consideration. Till then, it is advisable to have the land registered in one’s name not only to secure one’s rights in the estate but also to avoid any unwanted trouble in the future.

If you are looking for property management services in India to resolve your property matters then contact any top legal property management companies, which offers services that help the Indian diaspora in land ownership matters and land registry of their property.

Source: https://medium.com/@nrilegalservice/land-ownership-and-land-registry-law-in-india-c5ba4b5d7b20