Professional Documents
Culture Documents
Land Definition: Land means a part of planet earth, and includes mountains, Plants, other greenery,
water and air space above it & all mines and minerals below it.
Unlike other assets the extent of Land in the universe is constant. Hence it should be used
sparingly, carefully and usefully.
J.H. Bradley, in his Autobiography of Earth, has stated “The fabrics of human life has been
woven on earthen looms”
Arthur B Galion added to it that ”We must use every device in our legal system to protect our
land and devote it to its highest and best uses because we cannot escape to new frontiers after
abusing and ruining what we have.”
Almost two centuries ago George Washington observed. “Our lands were originally very good:
but use and abuse have made them quite otherwise “
Originally like air and water land was not under any exclusive ownership of individuals and it is
only in course of time that individual property rights came into existence.
Land often required by the government and public authorities for a varied public purposes such
as public housing, town planning, industrial developments, public utility like water, drainage or
for implementation of projects relating to irrigation etc.
In the Business of Real Estate the Land is the Prime Resource. Therefore its selection and
location needs top most prioritization.
The land free from litigation is the primary criteria for selection in the interest of customers and
Progressive Survival of Real Estate Business.
Land is the habitat of man and its wide use is crucial for the economic, social, and
environmental advancement of all countries.
Although it is part of man's natural heritage, access to land is controlled by ownership patterns.
Press Notification
Apart from the verification of The 9 Set of Documents, finally there a need of a Press Notification
Calling for Objection if any for so and so purchasing such and such land of so and so person
The PN shall have complete detains like:
1. Survey no
2. Land extent
3. Location
4. Directions
5. And other details of 3 document of ” The Set of 9 Documents”.
Division of Land
Land is divided into usable and non-usable.
In usable land it is subdivided into salable and Non-salable.
Salable Non salable Non Usable
Playground
Infrastructure
Social Facilities
Land compensation is the appropriate payment basing on land valuation towards the land acquired
by the govt for public utility services..
The compensation has to be paid wholly or partly by installments out of public revenue
managed by local revenue authority. Payment of interest, when the amount of compensation
is not paid or deposited is fixed at 9% p.a.
Compensation Calculation
1. Depends on prevailing market price as on day of declaration of acquisition, and registered with
registrar of surrounding area.
2. 20 times the rental being obtained.
3. Assessment of existing assets, property, plantation potential with irrigation etc and revenue
returns in 20 years.
4. Acquisition cost + exgratia + solarium 100%+33%+33% to avoid party to enter litigation.
5. Negotiations.
The following are the various statutory stages involved in the land acquisition.
1. Publication of preliminary Notification.
2. Rights accruing to govt after publication of preliminary notification.
3. Hearing of objections.
4. Declaration of intended acquisition.
5. Notice to interested persons.
6. Inquiry and award by collector.
7. Payment of compensation.
8. Temporary occupation of land.
Land Readjustment
It is a process whereby a public authority assemble numerous small parcels of raw land without
paying monitory compensation to the owners. The Public Authority develops the land and
subdivides the land for urban use and returns some of the resulting building sites to the original
owner in proportion to the values of their land contributions and sells the remaining sites to
recover all public costs.
Land Readjustment is therefore a temporary form of public ownership to achieve unified
control over large areas and a means of financing public service installation during crucial and
expansive land development stage of urban growth.
In recent years this process has been used most extensively in south Korea and a little earlier in
Japan.
Examples: Mostly in Town Planning Schemes for reorganization of existing properties for better
facilities for which Betterment Charges are levied.
Problems: Practiced only by B.P.T. (Bombay Port Trust) in Mumbai when it was responsible for
planning in Mumbai.
The financial interests in the developed city have negative impact on such proposals.
Such proposals for Kamathipura area development by MHADA (Maharashtra Housing and Area
Development Authority)
Land Banking
It is a process of acquiring and reserving parts of land patches in large quantity adjoining each other
for successive development schemes anticipated / incidental use in future of public utility services.
Examples: E.W.S. Housing
Problems:
Reservation of 2 to 5 % land in projects financed by HUDCO in Navi Mumbai and new towns by
CIDCO (City and Industrial Corporation in Maharashtra)
The patches are considerably small and development is not feasible unless more patches are
amalgamated.
Land Sharing
It is a process of identifying a land for various activities intended for sharing by different people at the
same time or different timings.
Examples:
Cooperative housing society, development rights of owner and investment of developer privatization
projects with land as asset of one individual/organisation
Problems: Power of attorney unless renewed lapses after one year. The concession period given by
land owner may not be adequate to recover investment with element of profit. On lapses from land
owner‟s side the land can not be used by developer to assure returns from unsuccessful project.
Private initiative by developers in redevelopment of existing old low profile construction at various
places in South Mumbai leads to a slow urban renewal.
Land Zoning
It is a process of identifying a continuous patch of land for specific purpose to conduct the specified
activities in the same land in the interest of public health & safety. The adjoining land users are
generally compatible to each other not conforming activity is segregated gradation of user practiced.
Exemples: Résidentiel Zone ; Commercial Zone; Industriel Zone etc.
V.D.A (Vidharba Development Authority) plans pertaining to L Z.
Principles: Proper reorganization of existing urban activities, public health, circulation amenities
Importance & Advantage: Smoothen existing Urban Socio Economic activities to avoid health
problem, fire, flood, quake hazards
Economic Aspects: Prevention through cost less always neglected resulting multiple losses of life
and property.
The first kind of land i.e, the agricultural land is excluded from the dentition of 'urban land' and
therefore the ceiling limit and acquisition of excess land in that case does not arise.
The second kind of land is not acquired but it is taken into account to determine the excess
vacant land owned or possessed by a person in any capacity.
With regard to the third kind of land mentioned above, if a person holds vacant land and holds all
the land occupied by buildings and the land appurtenant to it, the latter also is taken into account
for calculating the extent of vacant land held by him. But the land occupied by a building, whether
with dwelling unit or not, shall not be acquired under the Act at all.
Ceiling Limits
Section 4 of the Act deals with the ceiling limit. Under the said provision, in the case of every
person, the ceiling limit will be.
a) where the vacant land is situated in an UA falling within category "A" specified in Schedule I,
500 Sq. mtrs.
b) where such land is situated in an UA falling within category "B" specified in Schedule I, 1000
Sq. metres.
c) where such land is situated in an UA falling within category "C" in Schedule I, 1500 Sq.
meters.
d) Where such land is situated in an UA following with in a category “C” in schedule I, 2000 sq.
meters.
Salient Features:
In 1976, the Parliament introduced section 281-A of the Income Tax Act, 1961 thereby barring
institution of suit in relation to benami properties. But since it did not stop benami transactions and
the resultant repercussions, parliament enacted this act.
Benami transaction denotes purchases of property in false name. The word “property” includes
property, movable or immovable, tangible or intangible as also any right or interest in such property.
There are four principles governing whether a transfer is benami or not:
1) The burden of showing that a transfer is benami lies on the person who asserts that it is such
a transaction.
2) If it is proved that the purchase money came from a person other than the person in whose
favour the property is transferred, the purchase is prima facie assumed to be for the
benefit of the person who supplied the purchase money, unless there is evidence to the
contrary.
3) The true character of the transaction is governed by the intention of the person who has
contributed the purchase money.
4) The question as to what his intention was to be decided on the basis of the surrounding
circumstances.
The value of the information and the effectiveness of the decision making process are directly
related to the quality of the information and the manner in which it is made available.
During the last decade started computerization of land records of the country by storing the
records in simple file based on database.
Multilingual support was the essential feature in these record-keeping systems.
During the new millennium the data keeping process was further enhanced to Maps with the
support of GIS.
AGeological Information System may be formally defined as a combination of human and
technical resources, together with a set of organizing procedures that produces information in
support of some managerial requirement.
LIS
a) Manual System – Limited technical resources
b) Computer based system – High technology applied to data storage, Processing and
Communication
Cadastre: It is another name for “ Register of Property “ and its users are ranging from Owners,
Lawyers, Surveyors, Values, Real Estate Managers and Government Agencies.
Infrastructure Information:
Engineering and utility structure such as underground services and pipelines
Cadastral Information:
Related to zones where specific land rights/ Areas for particular planning restrictions.
Socio-Economic information:
Statistical and census type data
Creation Stages:
1st step – Identify and map all properties
2nd step – Classify each property
3rd step – Analyze market data
4th step – Value each property
5th step – Identify owners and tax payers
6th step – Establish appeals and procedures
Benefits
a) Efficient handling of land title documents.
b) Greater security of tenure.
c) Quick response to routine enquires.
d) Accuracy in land planning.
e) Reduction in land disputes – boundaries.
f) Stimulation of the land market.
g) Lower transaction cost.
Planning
a) Planning Land Use: (Master Plan) Macro Level
b) Land Use Planning: (Detailed Plan) Micro Level
Since the very beginning of planning the purpose behind it has been very pious i.e. to create
an optimum healthy living environment for the people.
Planning has to arrange different activities or functions, different land users, different facilities
so as to say different developments for creating that healthy environment.
Planning in its broad sense implies management of change which by definition has to be
dynamic, adaptive and specific to local condition to be effective.
A planning must be future oriented anticipating change and innovation.
Dist Planning: Town planning in its essence deals with control over use of land in public interest so
as to secure economy, convenience, safety and beauty.
District planning & Development councils with elected representatives mostly depending on govt.
assistance.
Stages of Planning: survey, analysis, assessment, defining & designing areas, engineering
requirements & other priorities.
Planning evolved from estate/ area planning/town & Country planning.
Stages of implementation depends on revenue generation, returns, reinvestment .
Problems
Planners face the practical problem like acquisition of land, renewal of dilapidated area, road
widening, segregation of conflicting use, sub division control , height control, plot coverage control,
floor area ratio control, building line control, density control, architectural control and developmental
control etc.
Though many acts have come, yet the implementation part of planning is not very strong as far
as legislation is concerned.
Most of these problems are due to the fundamental rights with citizens under Indian constitution.
The preamble of Indian constitution promises to secure to all its citizens.
JUSTICE. Social economic and political.
LIBERTY of thought, expression, belief, faith and worship.
EQUALITY of Status and opportunity to promote among them all.
FRATERNITY assuring the dignity of the individual and the unity.
But because these rights are given to individuals and planning is not for an individual but for
public welfare, these rights happen to have conflicts with plan implementation.
Planning Laws.
Knowledge of planning laws is absolutely essential to any planning official in a local authority,
or even to private consultant planner which is to advise the citizen served with notices by local
authority on planning enforcement action.
Keeping in view the practical difficulties faced in the enforcement of the act a planner may have
to suggest suitable amendments to the act from time to time so as to get additional power to the
local authority.
Planning Authorities are appointed by state govt. municipal organizations, urban development
authorities, improvement trusts, govt. undertaking boards.
The aim of legislation is regulation comprises a sense of stability and fundamental validity.
Sub- Registrar
Inspector of Registration Offices
Confirmation of registration
REGISTRABLE DOCUMENTS
Instruments of gifts of immovable property
Instruments transfering of rights /titles or interest.
Leases of immovable property from year to year or for any term exceeding one year or
reserving a yearly rent.
Instruments transferring any decree of a court or for any award.
Registration of Society
State Government will appoint Registrar of Cooperative Societies.
Function of Registrar starts with registration of a society.
He has powers of general supervision over society.
Returns of Society are to be filed with Registrar.
He can order inquiry or inspection against society.
He can order dissolution of society.
bye-laws: Every cooperative society shall have bye - laws. and any amendment to bye-laws shall be
registered with Registrar.
Classification of societies
1. Credit societies
2. Labor contract societies
3. Housing societies
4. Farming societies
5. Marketing societies
6. Distributive societies
7. Miscellaneous societies etc
Management of society
Each society will be managed by Committee.
Committee means the governing body of a registered society to whom the management of its
affairs is entrusted.
Officer of society includes a Chairman, Secretary, treasurer, member of Committee or other
person empowered under rules or bye-laws to give directions in regard to business of society.
Dissolution of society
Registrar, after inspection or inquiry, or on application received from 75% of members of
society, may cancel the registration of society, if in his opinion, the Society should be
dissolved.
Any member can appeal against the order of Registrar within two months to State Government
or other Revenue Authority authorised by State Government.
If no appeal is filed within two months, the order of dissolution shall become effective. If appeal
is filed, the order will become effective only after it is confirmed by appellate authority.
But most acts also confer upon the landlord the right to evict a tenant who is guilty of certain
specified acts and also when the landlord requires the house for his own personal occupation.
There are various grounds under which a landlord can evict a tenant.
The most common of these are listed below.
1. Breach of condition of tenancy
2. Subletting
3. Default in payment of rent for specified period
4. Requirement of building for own occupation
5. Material deterioration in the condition of the building
The landlord is required to specify the exact provision of the relevant act under which he is
seeking the eviction of the tenant, to enable the tenant to take any remedial action provided in
the act.
The whole idea of a rent control act is to control and regulate eviction of tenants..
The law of partnership in fact is a part of the general law of the Indian contract act, 1872 .
it is separated and enacted this act for better clarity and enforcement.
Partnership is the relation between persons who have agreed to share the profits of a business
carried on by all or any of them acting for all.
Persons who have entered into partnership with one another are called individually partners and
collectively a firm and the name under which, their business is carried on is called the „firm
name‟.
Liability of a firm
Any loss or injury is caused to any third party, or any penalty is incurred, the firm is liable therefore
to the same extent as the partner.
Dissolution of firm
A firm may be dissolved with the consent of all the partners or in accordance with a contract
between the partners.
OBJECTIVES
1. To lay down uniform rules for transfer of property
2. To complete the code of contract law so far as it relates to immovable property
WHAT IS TRANSFER
Transfer of property means an act by which a living person conveys property in present or in
future, to one or more other living persons.
Transfer of property includes sale, mortgage, lease, gift and exchange, but also any other
transaction which has the effect of „conveying‟ any property from one person to another.
CONVEYANCE
Conveyance means the legal process of transferring property from owner to another
Right : The seller has only one right before the completion of sale. He is entitled to the rents and
profits of the property till the ownership thereof passes to the buyer
Buyers rights : Where the ownership of the property has passed to the buyer, he is entitled to the
benefit of any improvement in , or increase in value of the property. He is also entitled to the rents
and profits derived from such improvement in the property
Types Of Mortgage
1. Simple mortgage
2. Mortgage by conditional sale
3. Usufructuary mortgage (mortgage with possession)
4. English mortgage
5. Mortgage by deposit of title deeds
6. anomalous mortgage
1. Simple Mortgage
The mortgagor, without delivering possession of the mortgaged property, gives a personal
understanding to the mortgagee to repay the amount due under the mortgage.
The personal understanding to pay may be either express or implied.
4. English Mortgage
In case of an English mortgage, the mortgagor binds himself to repay the mortgage-money on a
certain date.
He transfers the mortgaged property absolutely to the mortgagee on the condition that the
mortgagee will transfer the property to the mortgagor upon payment of the mortgage-money.
6. Anomalous Mortgage
A mortgage which does not belong to any on the above categories is called an anomalous mortgage.
Right of Redemption : The mortgagor may redeem every transaction in the nature of a mortgage at
any time after the mortgage money becomes due.
1. This right of the mortgagor to call back the property ( or interest therein which he had parted
with at the time of mortgage) by paying of the mortgage-money is called the Right of
Redemption.
2. Right of assigning the mortgage instead of a retransfer
3. Right of inspection and production of documents
4. Right to redeem separately or simultaneously
5. Right of usufructuary to recover possession
6. Right to accession to mortgaged property
7. Right to improvement to mortgaged property
S.R.P* 6TH TERM- LAND & PROPERTY MANAGEMENT Page 54
Liabilities of mortgagor
1) Covenant for title
2) Covenant for defense to title
3) Covenant for payment of public charges
4) Covenant where the mortgaged property is a lease
5) Covenant for payment of prior incumbrances.
Right of Mortgagee
The mortgagee has, at any time after the mortgage-money has become due, a right to obtain from
the court a decree that the mortgagor shall be absolutely debarred of his right to redeem the property
or a decree that the property be sold.
1. This right can however be exercised before a decree has been made for the redemption of the
mortgaged property, or the mortgage money has been paid or deposited
2. Right to sue for mortgage-money
3. Right of sale without intervention of the court
4. 4.Right to appoint Receiver
5. 5.Right of accession to mortgaged property
6. Right in case of renewal of mortgaged lease
7. Right to spend money
8. Right to proceeds of revenue, sale or compensation on acquisition
Liabilities of Mortgagee
1. Only one suit for several mortgages
2.Liabilities of mortgagee in possession
a) Management
b) Collection of rents and profits
c) Payment of revenue
d) Repairs
e) Destructive acts
f) Insurance
g) Accounts
Mortgage
1. 1.It is transfer of an interest in specific immovable property made by a mortgagor as a security
for the loan
2. It is created by act of the parties
3. It can be enforced against any transferee whether he takes it with or without notice of the
mortgage
4. In a mortgage by conditional sale or in an anomalous mortgage, the mortgagee can foreclose
the mortgaged property.
5. In a mortgage, there can be security as well as personal liability
Charge
1. It does not involve transfer of any interest in the property although it serves as a security for
the payment of the loan
2. It may be created by act of the parties of by operation of law
3. It cannot be enforced against bonafide transferee for consideration having no notice of charge
4. A charge-holder cannot foreclose the property on which he has a charge. He can however get
the property sold as in a simple mortgage
5. In a charge created by act of the parties when a particular property is specified, the remedy of
the charge-holder is against the property only.
Exchanges
When two persons mutually transfer the ownership of one thing for the ownership of another,
the transaction is called an exchange.
Exchange is thus a transfer of one thing for another. The things exchanged may be movable or
immovable, tangible or intangible. On the execution of the exchange, each party acquires a
good little to the thing or property exchanged.
Gift :A gift can be made only of a property which is in existence at the time and date of the gift.
Transfer of property must be made voluntarily
The gift must be accepted by the done otherwise it is not valid
Gift how effected
Movable property – Transfer is effected by delivery
Immovable property – Transfer must be effected by a registered instrument
KINDS OF ARBITRATION
Arbitrations may be of two kinds,
Private Arbitrations and Statutory Arbitration.
In cases of Statutory Arbitration, a statute provides that dispute of a particular class shall be
determined by arbitrators of particular kind.
Where an enactment makes provision for statutory arbitrations, it may bar the rights of parties to
seek their remedy in a court of law.
GIS
Geography – writing about the Earth
A key tool in studying the spatial relationships is the map which is a graphical portrayal of
spatial relationships and phenomena over a small segment of the Earth or the entire Earth.
An information system is a chain of operations that consists of from planning the observation
to using the observation-derived information in some decision making process.
A GIS is an information system that is designed to work with data referenced by spatial or
geographical coordinates.
GIS is both a database system with specific capabilities for spatially-referenced data as well as
a set of operations for working with the data.
Simplified information system
Remote sensing & GIS
GIS - DEFINITIONS
“A system which uses a spatial database to provide answers to queries of a geographical
nature” (Goodchild, 1991).
“A computer assisted system for the capture, storage, retrieval, analysis, and display of spatial
data within a particular organisation” (Clark, 2001).
“A powerful set of tools for collecting, storing, retrieving at will, and displaying spatial data from
the real world” (Burrough, et al, 2000).
“An organized collection of computer hardware, software, geographical data, and
personnel designed to efficiently capture, store, update, manipulate, analyze, and
display all forms of geographically referenced information” (ESRI).
linking of closely related fields through GIS
Hardware components
1. Central Processing Unit(C.P.U.) – interacts with various hardware components, and performs
computations and analysis.
2. Disk drive & Tape drive - data storage devices.
3. Digitizer – input device to convert graphics into digital data.
4. Plotter – output device to convert digital data into graphics form.
5. Scanner – graphic input device.
6. Visual Display Unit(V.D.U), key board & mouse – required to interact with the computer.
7. Printer – to get hardcopy of the reports, tables, charts, etc.
Operating System
Master control program to manage files, to check the peripheral devices, and to help have a
control over the computer.
The OS programs translate the instructions or queries to the machine language and then
translate the computer response from machine language to any language in which the
operator works.
SOFTWARE
The GIS package has a set of modules for performing digitization, editing, overlaying,
networking, vectorising, and data conversion, analysis and for answering the queries, and
generating output.
Spatial data
Characterized by information about position, connections with other features and details of
non-spatial characteristics.
Require spatial referencing using a suitable geographic referencing system.
In a GIS environment, spatial data is in the form of series of thematic layers or populated by
discrete points or objects having empty spaces in between objects.
Simplified by breaking down all geographic features with three basic entity types, points, lines
and areas.
The most common graphics products by GIS are maps. A map is a 2D model of a part of the
Earth‟s surface, and it can be of various kinds.
Thematic maps: concentrate on spatial variations of a single phenomenon(e.g.,
population) or the relationship b/w phenomena(e.g., different classes of land cover).
Choropleth maps: typically used to communicate the relative magnitudes of continuous
variables as they occur within the boundaries of unit areas (e.g., average annual per capita
income as it varies by country). In these maps, different tones, colours, and shading patterns
are used to convey the variations in different areas.
Proximal or dasymetric maps focus on the location and magnitude of areas exhibiting
relative uniformity (e.g., land cover classes). Different colours and shading patterns are used
to describe differences in the thematic values.
APPLICATIONS OF GIS
GIS finds its application in all those areas where professionals are involved in management
and planning, utilizing analysis of large amount of geographical data that relates to space,
typically involving positional data.
Positional data determine where things are or perhaps, where they were or will be. In other
words, it is dealing with questions related to geographic space.
typical applications
A Civil engineer may be interested in identifying the best dam site by analyzing the catchment
characteristics, earthquake data of the area, and rock formation characteristics.
A geoinformatics engineer may want to determine the best sites for his company's relay
stations taking into account the land prices, topography, etc.
A forest manager may want to optimize production of timber using data on soil and current
tree stand distribution under a number of operational constraints.
GIS applications
The areas of GIS applications are unlimited as it can be used for management and planning
that may be required in any field, e.g., civil engineering, urban planning, forestry,
OTHER APPLICATIONS
On the other hand, in geomorphology, ecology, and soil studies, natural phenomena, such as
rock formation, plate tectonics, distribution of soils, are analyzed.
GIS applications also consist of study of both natural as well as man-made entities together.
The study of effect of human activity on the environment, referred to as environmental
impact assessment involves analysis of data about both natural and man-made features.
A study on the growing industrial units in an area is a problem of environmental impact
assessment.
GIS has distinct application in feasibility studies such as site suitability and simulation studies
in erosion modeling.
Cadastre
The cadastre is often the principal source of information about ownership rights in land. Even
when compiled for fiscal purposes, the record of payment of tax may constitute evidence of
ownership of land.
The basic unit of the cadastral record is the land parcel which is known as a plot. Although
plots may be subdivided into smaller units or amalgamated with adjoining parcels into larger
ones, the land which they cover remains unchanged.
The need to record the details of land parcels within a cadastre stems from a need for better
administration of land. Land is the ultimate resource from which all wealth comes.
A cadastre using a cadastral survey or cadastral map, is a comprehensive register of
the metes-and-bounds real property of a country.
A cadastre commonly includes details of the ownership, the tenure, the precise location (some
include GPS coordinates), the dimensions (and area), the cultivations if rural, and the value of
individual parcels of land.
Cadastres are used by many nations around the world, some in conjunction with other
records, such as a title register.
Principal records
1. Village map: A pictorial form showing the village and field boundaries.
2. Field books or khasra which is an index to the map, in which changes in the field boundaries,
their area, particulars of tenure-holders, methods of Irrigation, cropped area, other uses of
land etc. are shown.
3. Records of Right also know as khatouni, in which the names and classes of tenure of all
occupants of land are recorded.
Service to People
Service providing mechanism is the key factor in success of any system. Present day
INTERNET is the only technology, which is going to prevail for the future and is expected to be
the only technology that will reach the mass.
All the recent GIS packages like Arc-info, Map info, Spans support the web based technology.
They provide web servers to build dynamic world wide web pages that will allow user to access,
query and visualize GIS information remotely using their favorite web browsers.
The GIS web servers use the HTML and scripting languages (EASI script in Spans) for
development of applications.
Providing service to the people has to be stressed further through introduction of franchised
cyber cafes. Right to access the data may be provided to public. The downloading of any
document may be allowed on nominal fees.
With the introduction of cyber bill issue of ROR and other documents with maps of the land
parcel through INTERNET on nominal fees will be the future of the land records
computerization.
Computerisation
It is desirable to have properly geo-referenced land records data and it‟s integration with other
land parameters for planning and decision-making.
It is important that cadastral survey using latest technology may be done for the entire country.
Disputed cases in land titles should also be decided at the earliest.
Computerisation process should integrate registration of land titles.
Land laws/mutation process should be simplified for easy and fast implementation of
computerization.