MLRC - 5. Land Records (Record of Rights, Nistar Patrak & Wajib-ul-Arz)
MLRC - 5. Land Records (Record of Rights, Nistar Patrak & Wajib-ul-Arz)
MLRC - 5. Land Records (Record of Rights, Nistar Patrak & Wajib-ul-Arz)
Synopsis
Introduction
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. For the purposes of MLR Code 1966, Land Records
means records maintained under the provisions of the Code. It includes a copy of maps and plans or a
final town planning scheme, improvement scheme or a scheme of consolidation of holdings.
Chapter X (Ss. 147 to 167) deals with Land Records including record of rights, Nistar Patrak, Wajib-
ul-arz etc.
According to Section 148 of the MLRC, a record of rights shall be maintained in every village. Such
record of rights shall contain the following particulars
(a) the names of all persons who are holders, occupants, owners, tenants or mortgagees of the
land or assignees of the rent or revenue thereof;
(b) the names of all persons who are holding as Government lessees or tenants including tenants
within the meaning of relevant tenancy law;
(c) the nature and extent of the respective interests of such persons and the conditions or
liabilities (if any) attaching thereto;
(d) the rent or revenue (if any) payable by or to any such person;
(e) the encumbrances or charge, if any, on the land, and the name of the holder of such
encumbrances or charge;
(f) any other particular as the State Govt. may prescribe
Any person acquiring by succession, survivorship, inheritance, partition, purchase mortgage, gift,
lease or otherwise, any right as holder, occupant , owner, mortgagee , landlord, 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.
2. Intimation of transfers by registering officers [S. 154 read with Rule 33 of the Maharashtra
Land Revenue Record of Rights and Registers (Preparation and Maintenance) Rules 1971]
When any document is registered under Registration Act 1908, creating any right on land, the
Registering officer (i.e. the Sub-Registrar) 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.
Register of Mutation is a register containing details of any transaction by which any right on any land
is created, transferred or destroyed.
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 register of mutation which is maintained in Village
Form VI. [Section 150]
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 rights by pencil (known as pencil entry).
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.
The 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 collectors permission is required to obtain before acquiring right, the person has to apply in
prescribed form to the Collector.
Once certified, the mutation entry is transferred to village form VII-XII or the Record of Rights
Register in village area. In city survey area it is maintained in the form of property card on same
principle.
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.
In
v.
Narayan
It was held that an entry in the record of rights and a certified entry in the mutation register will be
presumed to be true statement of their contents and in the absence of any other evidence, the Court
shall rely upon the facts so entered.
However in
Shankarrao
v.
Shambha Nathu
It was held that the presumption of entry u/s 157 is not conclusive and is a rebuttable presumption.
The burden of proving the contrary or showing that the entry is wrong is on the person who
challenges the entry.
Obligation to furnish entries from record of rights etc. to holder or tenant [S.
151]
Every holder of agricultural land (including a tenant if he is primarily liable to pay land revenue
therefor), on making an application in that behalf in writing, may be supplied by the Talathi with a
booklet (Khate pustika) containing a copy of the record of rights pertaining to such land.
The booklet shall also contain information regarding the payment of land revenue in respect of land
and other Government dues by the holder or, as the case may be, the tenant and also information as
respects the cultivation of his land and the areas of crops sown in it as shown in the village accounts
and such other matters as may be prescribed.
Conclusion
Maintenance of land records helps in maintaining harmonious relations among different social groups.
The record of rights (Village Form VII), record of crops (Village Form XII), together forming Village
Form VII-XII provide detailed information as regards all the rights and liabilities relating to the land,
including the nature of the title and tenure of the occupant. It is therefore one of the most important
documents for investigation of title to any property.
Sample Record of Rights
Village Form 7 (Record of Rights)
Under Rules 3, 5, 6 and 7 of the Maharashtra Land Revenue Record of Rights (Preparation and
Maintenance) Rules, 1971
Survey No/Gat Sub Division of Survey Tenure Name of the Account Number
No. No/Gat Number. occupant
Name of the
tenant
Local name of the field.
Total
Class B
Total
Assessment Rs P
Total
NISTAR PATRAK (SHORT NOTE)
Introduction
Chapter X-B of the Maharashtra Land Revenue Code (Ss. 160 to 167) makes provisions for rights in
unoccupied land. Many persons may have rights in a land which is not occupied by any person. Such
rights include the right to graze cattle, right to obtain wood, timber, fuel or any other forest produce,
right to irrigation, right to fishing, right of way or any other customary easementary right. Such rights
are recorded and maintained in separate land records. The procedure for recording and maintaining
such land rights in unoccupied lands is provided under Chapter X-B of the MLRC.
Nistar Land
Nistar refers to the necessities in carrying on of the business of living. Thus Nistar Patrak is nothing
but a record containing a list of all nistar rights or certain essential rights in unoccupied land. Nistar
land is communal land. Nistar land set apart may be timber or fuel reserve; pasture, grass, fodder
reserve; burial ground and cremation ground; bazaar etc.
A draft of the Nistar Patrak shall be published in the village and after ascertaining the wishes of the
residents of the village in the manner determined by the Collector, it shall be finalised by the
Collector.
(a) the terms and conditions on which grazing of cattle in the village will be permitted;
(b) the terms and conditions on which and the extent to which any resident of the village may
obtain
(i) wood, timber, fuel or any other forest produce;
(ii) moram, kankar, sand, earth, clay, stones or any other minor minerals
(c) instructions regulating generally the grazing of cattle and removal of articles mentioned in
paragraph (b);
(d) any other matter required to be recorded in the Nistar Patrak by or under this Code.
What is Wajib-ul-arz
The Wajib-ul-arz or village administration-paper is a statement of customs respecting rights and
liabilities in an estate. It is a record of customs in each village in regard to: the right to irrigation, or
the right of way or other easementary right, and the right to fishing.
in any land or water belonging to or controlled or managed by the State Government or a local
authority. Such record shall be known as the Wajib-ul-arz of the village.
The record made in pursuance of sub-section (1) shall be published by the Collector in such manner
as he may deem fit.
Such record shall be final and conclusive. However any person aggrieved by any entry made in such
record may, within one year from the date of the publication of such record under sub-section (2),
institute a suit in a Civil Court to have such entry cancelled or modified.
The Collector may, on the application of any person interested therein or on his own motion, modify
any entry or insert any new entry in the Wajib-ul-arz on any of the following grounds
(a) that, all persons interested in such entry wish to have it modified ; or
(b) that, by a decree in a civil suit, the entry has been declared to be erroneous ; or
(c) that, the entry being founded on a decree or order of a Civil Court or on the order of a revenue
officer, is not in accordance with such decree or order; or
(d) that, being so founded, such decree or order has subsequently been varied on appeal, revision
or review ; or
(e) that, the Civil Court has by a decree determined any custom existing in the village.