Land and

revenue laws

What is land
definition of land s. (14)
General sense land , soil
Whether occupied by building or covered with
water or used for growing crops or left vacant
But for the purpose of land laws In sense of land
law land occupied by building is not land
Only land used for agriculture and allied purposes
is land

Classification of land
Forest: Includes all lands classed as forests under any legal
enactment dealing with forests or administered as forests.
Area under Non-agricultural Uses: Includes all lands
occupied by buildings, roads and railways or under water, e.g.
river, and canals and other lands used for nonagriculture
purpose.
Barren and un-cultivable land: Includes all barren and uncultivable land like mountains, desert etc.
Permanent pastures and other grazing lands: Includes all
grazing lands where they are permanent pastures and meadows
or not. Village common grazing land is included under this head.
Land under miscellaneous tree crops and groves etc: This
includes all cultivable land, which is not included in Net Area
Sown but is put to some agricultural uses. Lands under
Casuarina trees, thatching grasses, bamboo bushes, and other
groves for fuel, etc which are not included under Orchards are
classified under this category.

Classification of land
. Culturable Wasteland: This includes lands available for
cultivation. Such lands may be either fallow or covered with
shrubs or jungles, which are not put to any use. Land once
cultivated but not cultivated for five years in succession
should be include in this category at the end of the five years.
Fallow lands other than current fallows: This includes
all lands, which were taken up for cultivation but are
temporarily out of cultivation for a period of not less than
one year and not more than five years.
Current Fallows: This represents cropped area, which are
kept fallow during the current year. For example, if any
seeding area is not cropped in the same year again, it may
be treated as current fallows.
. Net Area Sown: This represents the total area sown with
crops and orchards. Area sown more than once in the same
year is counted only once

Land record and mutation

Land Records" means records maintained under
the provisions of Land Revenue code. It includes a
copy of maps and plans or a final town planning
scheme, improvement scheme or a scheme of
consolidation of holdings.
"Land Records" itself is a generic expression and
can include records such as, the register of lands,
Records of Rights (RoRs), tenancy and crop
inspection register, mutation register, disputed
cases register, etc. It can also include geological
information regarding the shape, size, soil-type of
the land; and economic information related to
irrigation and crops

Land record - relevance

Lan ownership
income generation,
land use planning,
environmental management,
public safety,
public works,
Businesses depend on access to current and valid
land records.

Mutation
Mutation is the change of title ownership from one
person to another when the property is sold or
transferred.
Dakhil Kharij
Starts when there is a change in posession
one persons name is struck off and other
persons name is added in the annual register
By mutating a property, the new owner gets the
property recorded on his name in the land
revenue department and the government is able
to charge property tax from the rightful owner

 mutation of a property should ideally be taken

every six months from the revenue office in order
to check for any wrongful transaction on the
property
In case of inheritance after the death of the
owner, the property should be mutated by
submitting copies of Death Certificate and
relationship documents

 Mutation may occur due to

Transfer
And succession

Mutation on grounds of
transfer

Duty to report -Report to tehsildar

3 months limitation
Lease 3 months from the date of possession
Other things from the date of transfer
Only report no application required
Error does not make it invalid
Tehsildar shall ascertain and correct it
Tehsildar issues proclamation of mutation

Mutation on grounds of succession s

33 of up land revenue Code
When a person obtains any land by succession ,
the land record inspector should make inquiries and
report the same to Tehsildar and reported the same
in the annual register
Recorded make inquiries and report the same
If not recorded by inspector, aggrieved party can
move to tehsildar
S 34 also provides that person obtaining succession
shall report such succession within 3 months of
obtaining succession to the tehsildar
After that tehsildar will make enquiry direct the
annual register
If succession is disputed, tehsildar decides the
dispute and dispose it off

LAND USE AND

CONVERSION

 Primarily a land in land laws is agricultural land

If an agricultural land is used for non agricultural purposes
a declaration from Collector has to be obtained by
following necessary procedure
If a non agricultural land used for a particular purpose is
used for some other purpose , a sanction has to be
obtained

The Uttar Pradesh government has approved a mixed land

use policy for the city that will allow owners of residential
and industrial properties to use them for other purposes.

Title search and

due diligence

 Due Diligence"is a term used for a number of

concepts involving detailed investigation of a
property or business.
Due Diligence is important to obviate from the
illegal encroachment over the property by illegal
occupants who take advantage of the prevalent
laws with respect to possession and many owners
face a lot of problem and harassment to get back
their properties.
It necessary for an individual to spend time and
resources scouting for properties, verifying title,
physical inspection of the premises and Updation
of Municipal Records.
verify the ownership of title over the property and
any encumbrances over the property

 title searchis the process of retrieving

documents evidencing events in the history of a
piece of real property, to determine relevant
interests in and regulations concerning that
property

 Steps involved in conducting such due diligence/

title search:
In order to conduct a title search/ title verification, the
following aspects would require to be examined:
Legal capacity of the present owner of the property
(whether the person is legally capable of entering into a
binding contract for sale or lease of the property or for
mortgaging the property);
Nature of current owner's right over the property, and
whether such right is transferrable;
Source of right or title of the current owner;
Legality of the construction;
Encumbrances over the property; and
Whether the property is a part of any acquisition process.

OWNERSHIP BY
PRESCRIPTION

 Prescription is the process of acquiring rights and

in particular obtaining a good title to land as a
result of the passage of time.
The reasoning behind this is that a person who
has enjoyed quiet and uninterrupted possession
of land for a long period of time with a registered
title should be granted a right to it

objective
Title to land should not long be in doubt, the
society will benefit from some one making use of
land the owner leaves idle and that that persons
who come to regard the occupant as owner may
be protected
law and equity does not help those who sleep
over their rights is invoked

 where the access and use or light of the air to and for any building
have been peaceably enjoyed therewith, as an easement, without
interruption and for twenty years,
and where support from one person's land or things affixed thereto
has been peaceably received by another person's land subjected to
artificial pressure or by things affixed thereto, as an easement,
without interruption and for twenty years,

and where a right of way or other easement has been peaceably and
openly enjoyed by any person claiming title thereto, as an easement,
and as of right, without interruption, and for twenty years,
the right to such access and use of light or air, support or other
easement shall be absolute.
Each of the said periods of twenty years shall be taken to be period
ending within two years next before the institution of the suit where
the claim to such period relates is contested.

 1. There must be a pre-existing easement which

must have been enjoyed by the dominant owner,
2. The enjoyment must have been peaceable,
3. The enjoyment must have been as an
easement,
4. The enjoyment must have been as of right,
5. The right must have been enjoyed openly,
6. The enjoyment must have been for a period of
twenty years,
7. The enjoyment for 20 years must have been
without interruption and
8. The period of twenty years must have ended
within a period of two years immediately
preceding the date of suit claiming such
easement