Overview of Various Revenue Records: The Documents that Govern Land Ownership

Introduction

The backbone of land revenue administration in Gujarat lies in its meticulous record-keeping. These Revenue records not only establish ownership but also serve as a legal basis for resolving disputes, taxation, and planning developmental activities. This chapter aims to elucidate the various types of registers and records that govern land ownership in Gujarat.

Legal Framework

The Gujarat Land Revenue Code, 1879, along with its subsequent amendments, serves as the primary legal document that mandates the maintenance of various land records and registers. Specifically, Sections 120 to 130 of the Code outline the types of registers to be maintained and the information to be recorded therein. Under Section 218 of the Gujarat Land Revenue Code, 1879, penalties, including fines and imprisonment, may be imposed for making false entries in the registers.

Historical Background

The concept of Records of Rights, specifically “Hakkpatra No. 6,” was first considered by the Indian Government in 1897. A law was enacted in 1903, which was later consolidated into the Land Revenue Code in 1913 under Chapter 10. The document underwent several amendments, and its scope was expanded to include urban areas through government notifications dated 13/05/1968 and 23/12/1907.

Types of Registers 

• Land Register (Village Form No. 6): Records mutations and changes in land ownership.
• Record of Rights (Village Form No. 7/12): Contains details of land ownership, type of land, and liabilities.
• Mutation Register (Village Form No. 8A): Records changes in land ownership due to sale, inheritance, or other transactions.
• Dispute Register: Maintains records of ongoing and resolved land disputes.
• Tax Register: Records land revenue and other taxes levied on the land.
• Measurement Register: Contains the technical details of land measurements.

Importance of Accurate Record-Keeping

The Records of Rights encompass various types of rights, including possessory rights, rights acquired through inheritance, and rights of tenants and mortgagors. It also includes public rights and rights of beneficiaries.

• Legal Significance: The Records of Rights have been integrated into the Land Revenue Act, making it a legally binding document. It serves as a certificate of responsibility and is essential for legal disputes related to land and property.
• Accuracy and Reliability: The effectiveness of the Records of Rights depends on its accurate maintenance. It serves as the basis for various transactions and legal proceedings, making its accuracy paramount.
• Role in Revenue Records: Sample No. 6 in the Records of Rights is the most important sample in the land revenue system of Gujarat State. It forms the basis for preparing accounts and is also considered a government receivable document.
• Socio-Economic Implications: The Records of Rights play a vital role in shaping economic and social policies. They are sensitive documents that require meticulous maintenance to ensure their reliability and effectiveness. Accurate records also ensure correct taxation
• Comprehensive Information: The Records of Rights provide comprehensive information about land-related transactions, changes, and history. This is essential for determining the rights and interests related to a particular piece of land. They also helps in reducing fraudulent transactions and disputes. Thus, Records of Rights are indispensable in the Panchayat administration, serving as a cornerstone for land and property rights. Their importance is such that they can be considered as documents that shape economic and social policies.

Types of Changes in Land Records and Rights

• Land rights and their corresponding entries often undergo various types of changes over time. These changes can occur due to:
• Family Oral Transactions: Changes in land ownership within a family through oral agreements.
• Muslim Law Transactions: Changes through Anwariyat Bakshi, Javevachan, Sale Release, Bakshi, Gift, Lease, Conditional Sale, etc., through registered deeds.
• Transfer of Ownership: When the name of the person in the land record changes due to inheritance, it can be updated through registered wills or unregistered wills.
• Government Orders: Changes due to orders from competent revenue authorities or the government, including the permanent grant of land to individuals or institutions.
• Land Use Conversion: Conversion of agricultural land to non-agricultural use.
• New or Limited Rights: Changes in land rights due to new conditions or limited authority.
• Mortgage Rights: Acquisition of mortgage rights on agricultural land.
• Court Orders: Changes due to orders from the Diwani Court. 

Procedure for Updating Records

In the context of Revenue Records, the concept of “Hakkpatrak 6” is of paramount importance. Each village is required to maintain a Hakkpatrak, which serves as a record of land ownership and other related matters. Here are some key points about how entries are mutated in Revenue Records:

1. Initial Application: Any changes to be made in the Hakkpatrak must be applied for by the concerned party through an e-Dhara system, along with necessary proofs.
2. Verification and Approval: The Talati or Circle Officer is responsible for verifying the changes and approving them.
3. Provisional Entry: When an entry is first made in the Hakkpatrak, it is considered a “provisional entry” until further verification.
4. Computerized Notice: After an entry is made, a computerized 135-D notice is generated to inform the adjacent landowners about the changes.
5. Objections: If there are any objections to the entry, they must be filed within 30 days of the 135-D notice.
6. Finalization: If no objections are received within 30 days, the entry is considered finalized and the notice period is deemed to have been completed.
7. Appeal and Revision: If any party is dissatisfied with the entry, they have the right to appeal or seek revision within a specified time frame.
8. Legal Presumption: Until proven otherwise, the entry in the Hakkpatrak is presumed to be legally valid.
9. Physical Possession: Physical possession of the land is a significant factor in relation to the Hakkpatrak.
10. Digital Copies: Authentic copies of the Hakkpatrak can be obtained from the e-Dhara system.
11. Registration: All changes related to land must be registered, although entries made or verified before 25-5-1966 do not require registration.
12. Inheritance Entries: Inheritance entries in the Hakkpatrak are also subject to specific rules and regulations.

It is crucial to adhere to the legal guidelines and timelines when dealing with mutations in Revenue Records. Failure to do so can result in legal complications and may also affect the validity of the land ownership or changes therein.

Conclusion

The registers and records form the cornerstone of land revenue administration in Gujarat. They provide information about the ownership, rights, and liabilities of land. In Gujarat, the Department of Revenue is responsible for maintaining land records. The department has created an online platform called AnyROR to check land records for rural and urban regions. They are not mere administrative tools but legal documents that have far-reaching implications for landowners, the government, and the judiciary.