Provisions regarding measurement and sale transactions by partners of joint land/property

- Lokabhimukha Guidance - H.S. Patel IAS (Retd.)

- 'Civil Court has power to determine ownership of land/property'

Since our country and Gujarat is an agriculture-led country, the survey of lands is known as settlement (survey and settlement). During the British rule system, the main thing was to survey the land according to copy and who has how much land revenue, because the main source of income of the state at that time was land revenue. The land revenue system was developed by the British on this basic principle of "To collect Revenue and administer the state" which still operates on the basic structure as Land Management. We all know that on land revenue, Gandhi did the first Champaran satyagraha against the British, and after that success, Kheda and Bardoli satyagraha on land revenue were held under the leadership of Sardar Patel. (eg existing GST / Income Tax etc.) has made land revenue secondary. But land has been an important natural resource and now land is widely used for industrial, urbanisation, commercial use rather than just agricultural use. Basically, when the land included in the agricultural or urban areas was surveyed, the name of the eldest person or holder of the family concerned as the land or property holder was written, which is considered as Promulgation Entries and based on that, in the 7 x 12 or CT survey areas of the land, on the basis of the right Choksi Register. Property cards were produced. First in the Land Revenue Act, 1907, Chapter-10A added the Record of Rights so that when any occupier of land/property sells, inherits, transfers such changes are recorded subject to the rules of the Record of Rights and as a certified officer (above the rank of Naib Mamlatdar) Nodha should be certified (currently E.Dhara Kendra) and the relevant survey number 7 x 12 or property register should be changed accordingly. As mentioned, in the agricultural survey numbers, as per the previous system, the name of the eldest son as the eldest son was entered as the occupier of the land and on the death of any occupant, the names of the legal heirs were entered according to the genealogical order, in which as per the 1956 Act, the names of all the daughters as well as the legal heirs have to be entered. . Now usually in the concerned survey number 7 t 12, the names of the heirs of the land holder who dies after two or three generations are entered and directly it also happens that the lands are divided and the brothers are cultivating the land separately and the division is not done even because the land is not divided. that separate distributions have not been recorded as a breach of piecemeal rule.

Recently, I have received representations from the Revenue Department that if any one of the joint owners applies to the DILR for the measurement of the land, then the measurement can be done without the consent of the other occupants. If a document is registered under the Act, such entry is not made in the title deeds. Now in this regard the provisions of the land revenue act and the provisions of the registration act are different. Therefore, until the provisions of the right are followed or followed, the note of the right is not authenticated, so it becomes necessary to clarify the circular regarding the measurement of the revenue department as to what situation will arise if the owner of the joint land gets the land measured and their share is sold. First of all, the revenue department in 2016 included matters such as entering the names of the heirs in the agricultural lands acquired by the elders, dividing the rights to reduce the rights, etc. So when the joint occupant gets his share of the land measured/sold, the document or title deed should have been amended or consented to have been partitioned or partitioned between the joint occupants. Secondly, apart from the legal partition/distribution and also within the limits of the charter, the land registration of one's share may have been documented as per the law but its effect may not be enforced as per the rules of title deed, because the consent of other occupants regarding the transaction of the concerned land is also required by way of notice under Section 135D. Apart from this, when there is a dispute regarding the ownership of land / property, the civil court has the power to determine the right / share and if so determined, the title deed can be modified accordingly.

Thus in the CT Survey, when the right is first promulgated in the property card, the name of the original owner has been entered and the area of ​​the property has been shown at the time of sale/inheritance. All the properties in the survey area are non-agricultural i.e. the laws applicable to agricultural lands. E.g. Not applicable for uncultivated / fragmentary etc. but a separate ownership card can be made by measuring the share / right to be sold or transferred. Now, large scale urbanization and industrialization in Gujarat has resulted in conversion of non-agricultural subject lands and the coming into force of Town Planning Act leads to subploting of lands as per the provisions of TP. So according to 'F' form also in land-7 or property register can be changed directly. It is necessary to amend the circular issued by the State Revenue Department regarding the measurement of land of joint occupants as per the said observation.