RECORD OF RIGHTS

Synopsis

I. Introduction VI. Presumption of correctness of entries

in record of rights and register of
II. Department of Land Records
mutations [S. 157]
III. Record of Rights
VII. Obligation to furnish entries from
IV. Procedure for change in rights
record of rights etc. to holder or tenant
1. Reporting of acquisition of rights [S. 151]
[S. 149]
VIII. Bar of suits [S. 158]
2. Intimation of transfers by
IX. Record of rights at the commencement
registering officers
of the Code [S. 159]
3. Entry in Register of Mutation
X. Conclusion
4. Entry in Record of Rights
XI. Sample Record of Rights
V. Rewriting of record of rights [Rule 7]

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.

Department of Land Records

At the State level, the Land Records Department is controlled by the Director of Land Records and
Settlement Commissioner, Maharashtra State, Pune. At the district and taluka level the work is done
by the District Inspector of Land Records and Taluka Inspector of Land Records respectively.
Register of Record of Rights and Register of Crops is prepared and maintained by Talathi in the
combined village form VII-XII and Register of Mutation is maintained in form Village Form VI.
Record of Rights
Record of Right is a land record where all sorts of right and liabilities in respect of every piece of land
are registered. The responsibility for payment of revenue is fixed on the basis of the Record of Rights.
The Record of rights is one of the most important documents for investigation of title to any property.

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

Procedure for change in rights

1. Reporting of acquisition of rights [S. 149]

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.

3. Entry in Register of Mutation

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.

4. Entry in Record of Rights

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.

Rewriting of record of rights [Rule 7]

The record of rights shall ordinarily be rewritten after a period of ten years. The sub-Divisional
Officer may direct the record of rights to be rewritten at the end of a shorter period if he considers that
in view of the number of entries made in the record of rights in respect of a large number of survey
numbers or sub-divisions of survey numbers in the village, it will be difficult for the Talathi to make
any further entries therein.

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.

Presumption of correctness of entries in record of rights and register of

mutations [S. 157]
An entry in the record of rights, and a certified entry in the register of mutations shall be presumed to
be true until the country is proved or a new entry is lawfully substituted therefor. The entries in record
of right, registered of mutation etc. are evidence of the fact recorded therein under section 35 of the
Indian Evidence Act, though is not conclusive evidence. The entry in this record has high degree of
evidentiary value but the entries create no title.

In

Anandi Bai Bhaskar

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.

Bar of suits [S. 158]

No suit shall lie against the State Government or any officer of the State Government in respect of a
claim to have an entry made in any record or register that is maintained under this Chapter or to have
any such entry omitted or amended.

Record of rights at the commencement of the Code [S. 159]

Section 159 provides that Until the record of rights of any area in the State is prepared in accordance
with the provisions of this Chapter, the existing record of rights in force in that area under any law for
the time being in force (including the record of rights prepared under section 115 of the Madhya
Pradesh Land Revenue Code, 1954), shall be deemed to be the record of rights prepared under this
Chapter.

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

_________ Village __________ Taluka

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.

Cultivable Acre Gunthas H R Rent

Area
__ Rs ___ Paise

Total

Uncultivable land (Potkharaba) Other Right

Class A

Class B

Total

Assessment Rs P

Judi or special assessment

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.

Preparation of Nistar Patrak [S. 161]

The Collector shall consistently with the provisions of this Code and the rules made thereunder,
prepare a Nistar Patrak embodying a scheme of management of all unoccupied land in a village and
all matters incidental thereto, and more particularly the matters specified in section 162.

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.

Matters to be provided for in Nistar Patrak [S. 162]

The following matters shall be provided in a Nistar Patrak, that is to say

(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.

Provision in Nistar Patrak for certain matters [S. 163]

Section 163 provides that in preparing a Nistar Patrak the Collector shall, as far as possible, make
provision for
 (a) free grazing of the cattle used for agriculture;
(b) removal free of charge by the residents of the village for their bona fide domestic
consumption of any
(i) forest product;
(ii) minor minerals;
(c) the concessions to be granted to the village craftsmen for the removal of articles specified in
clause (b) for the purpose of their craft

Right in waste land of another village [S. 164]

Where the Collector is of the opinion that waste land of any village is insufficient and it is the public
interest to proceed under this section, he may after such enquiry as he deems fit, order that the
residents of the village shall have a right of Nistar or a right of grazing cattle, as the case may be, in
the neighbouring village to the extent specified in the order.

Punishment for contravention of provisions [S. 167]

Any person who acts in contravention of the provisions in sections 161 to 166 or rules made under
section 166 or who contravenes or fails to observe any rules or custom entered in the Wajib-ul-arz or
commits a breach of any entry entered in the Nistar Patrak shall be liable to such penalty not
exceeding rupees one thousand as the Collector may, after giving such person an opportunity to be
heard, deem fit. The Collector may further order confiscation of any produce, or any other produce
which such person may have appropriated or removed from lands belonging to the State Government.
WAJIB-UL-ARZ (SHORT NOTE)
Introduction
Same as Nistar Patrak

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.

Recording and Maintenance of Wajib-ul-arz

S. 165(1) provides that as soon as may be after this Code comes into force, the Collector shall,
according to any general or special order made by the State Government in that behalf, ascertain and
record the customs in each village in regard to

(a) the right to irrigation or right of way or other easements;

(b) 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.

Punishment for contravention of provisions [S. 167]

Same as Nistar Patrak