Land Record

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..
The importance of proper maintenance of lands records was emphasized by the Prime Minister at the Conference of Chief Ministers held on October 4-5, 1991. He observed:
 
"For a poor person, for the small person, for the weak person, a land record is a weapon. It is not just a record, it is not just a piece of paper or not one entry tucked away somewhere In the Tahsil Office, but it is a weapon to him. You are giving a weapon in his hands. If he has no weapon, he has no way of fighting the more influential section of society who may always want or sometimes want to deprive him of his rights. Therefore, giving him and should also be followed by giving him the right in the shape of a record and again making him viable economically."
 

For the purposes of MLR Code 1966, "Land Records " means records maintained under the provisions of, or and includes a copy of maps and plans or a final town planning scheme, improvement scheme or a scheme of consolidation of holdings which has come into force in any area under any law in force in the State and forwarded to any revenue or survey officer under such law or otherwise;

List of Land Records
 
All records maintained under various "Village Forms" are land records.
Map or plan of survey number or subdivision of survey number prepared under the MLR Code 1966
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:-
 
To keep revenue accounts relating to area and land revenue.
To keep accounts relating to person from whom land revenue is realizable.
To keep Revenue Accounts of recoveries, with the balance sheet.
To keep Revenue accounts relating to statistics for sound general administration.
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 forms which are required to maintain for keeping revenue accounts relating person from whom land revenue is realizable.
 
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 to 151 and 154 of M.L.R. Code 1966. Transfer may be by Will, Sale, Mortgage, Lease, Exchange, Gift 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. This registered is prepared under Maharashtra Land Revenue Record of Rights and Register(Preparation and Maintaince) Rules 1971.
 
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- Type of occupancy भुधारणा पध्दती-धारणा प्रकार
5.       Name of the occupant - भोगवटादाराचे- कब्बजेदाराचे नाव
6.       Local name of the field.
7.       Cultivable area
8.       Total
9.       Uncultivable land  पोट खराबा class (a) and Class(b)
10.   Total (area of the land)- एकूण (क्षेत्र)
11.   Assessment
12.   Judi or special assessment
13.   Khata No.
14.   Rent  Rs. P.
15.   Other rights
 
Explanation of entries:-

Tenure-
भुधारणा - Occupancy
पध्दती-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 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:-

(“other right holder” means person whose name is entered in “other right” column of village form VII)

 
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 of the Indian Evidence Act.

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