TRANSFER OF REGISTRY IN KERALA. T. James Joseph
106 DEPARTMENTS.
REVENUE. POLICE.. EXCISE. .
-----LAW
ENFORCING DEPARTMENTS.
. Everything under the sun embraces the duties and responsibilities of a revenue officer, His duties are Undefined rather than defined
LAND REVENUE DEPARTMENT.
Primary duty is collection of Land revenue. Collection of arrears of Land Revenue. Collection of other departmental arrears as if it were arrears of public revenue due on land.
LAND REVENUE DEPARTMENT.
BASIC TAX (LAND TAX)- Basic item of Land revenue.
LAND REVENUE DEPARTMENT.
TWO TYPES OF LAND. 1. Assessed Land. 2. Government Land. Assessed land can become Government Land due to acquisition, abandoned or relinquishment. Government Land Become assessed land due to……………..
LAND RECORDS.
Basic Tax Register. Thandaper Register. Field Measurement Book.
LAND TAX ACT..S.3
Land Tax should be realised from the Registered Land Holder(Thandaper holder or document holder or his legal heirs)
Whenever a Thandaper holder desires to remit the tax it should be received immediately‌..In other cases ,thandaper right has to be assigned to collect tax‌.This process is called pokkuvaravu or transfer of registry.
Objectives of Transfer of registry rules 1966...
RULE 16- Pokkuvaravu is an arrangement for FISCAL Purpose. It does not affect the legal right of any person. Dispute on title has to be decided by a civil court.
CAUTION..!
Government land (puramboke) shall not be mutated)
Pokkuvaravu should not support a fraudulent transfer of Land.(saleable right of the document must be ensured.)
Pokkuvaravu situations.
by voluntary transfer of titleThe document should bear saleable right. (Registrar should send the copy of the document to VO online)
by virtue of decrees of Civil Courts or by revenue sales
by succession(No document)
by transfer in favour of a person proving title by adverse possession for 12 years or more (No Document) Civil Death. Rule 27(2) (No Document)Adverse possession. (No Document)
Transfer of registry originates…...
Application from the Land Holder.
Request from the SRO.
SUO MOTO action by VO.
3(c) – It shall be the duty of the VO ,whenever a pattadar dies, to report the fact to Tahsildar with the name of legal heirs………..
AUTHORITY TO EFFECT MUTATION.
Cases without sub division( VO)
Sub division cases.(Tahsildar)
IS DOCUMENT AN ESSENCIAL FACTOR…?
There are situations in which mutation has to be done in the absence of DOCUMENTS.
1.
Succession by heir ship( Rule 27(i) )
2.
Civil death .
3.
Adverse Possession.
(Rule 27(ii) ) (Rule 28)
In all other cases documents which upholds saleable right of the transferee need be mutated. Rule 14(5).
Series of transactions connecting the transferor with the pattadar must be ascertained. Rule 14(i)……..BUT
Pokkuvaravu Process..7 stages.
The applicant submit application to VO along with copy of the document& PV fee is accepted.
OR Request in Form 1B is received from the SRO (online)
Village officer issues receipt /accept fee and the details and entered in the Pokkuvaravu Register.
In online PV fee need be realised at the occasion remitting Basic Tax after PV.
Enquiry is conducted.
A- Form is prepared by VA/SVO.
Approval of A form.
Making Changes in the Thandaper Register.
Making necessary entries in the Pokkuvaravu register. PV Fee need be realised during the first remittance of Basic Tax
Elements of Enquiry. S-M-A-R-T Reports.
Property with valid document.
Well defined boundaries.
Undisputed possession.
Free from PURAMBOKE.
Tabular form./metric measures.
S-M-A-R-T Reports.
Specific.( What are the essential points..?)
Measurable.
Achievable.( Whether the report achieve the objectives.
(New A form…How Much…?)
(Decision making)..)
Result oriented
Time bounded.( Kittunna mura….?)
Smart meetings/ mahazar/stop memo.
(Effectiveness & Efficiency)
SMART ENQUIRY…..Take calculated risks. .
Avoid un necessary statements.
Statements/affidavits only in white paper.
Death/birth certificates are available in the LSG site.
You should have information points.
Use technology. ( social media,GPS)
Collect UID number/mob number.
Notice only in statutory cases.
Changes in the Thandaper Register.
Enter the Pokku vivaram in the pokku thandaper by VA/SVO
Attest the entry by noting date/ name/designation.
Enter the Varavu vivaram in the varavu thandaper by VA/SVO
Attest the entry by noting date/name/designation.
Submit both thandaper along with A form to VO.
VO counter sign the attestation by noting his name and designation.
Thadaper must be unique.
No scope for Soonya Thandaper.
Thandaper must be unique-Rule 23 ď ľ
The thandaper number shall run consecutively except in the case which transferee is already a Thandaper holder.
Pokkuvaravu-important points.
Immediate mutation is permissible
There are situations that Pokkuvaravu is made without documents.
Resurvey record superceeds document..
Proper updation of Pokkuvaravu registers and Thandaper registers.
Application from the land holder is not essential.
There is time limit.
Rule 27.( i)Transfer of title by succession (ii) Succession in case of disappearance of TP holder……
Local enquiry report of the VO.
Notices to the parties interested.
Rule 10 procedure.(15 days notice in Site-VO-Lsg)
Hearing of the parties aggrieved.
If a person informed that he has challenged the claim on the ground of a court he shall file a declaration with copy of the plaint within 3 months)..in such cases mutation should be done according to court decision.
Rule 27. (ii) Succession in case of disappearance of TP holder……CIVIL DEATH.
Disappearance for more than 7 years.
Local enquiry report of the VO.(no evidence to show that the TP holder is still alive).
Mutated in favour of the legal heirs.
If there are no legal heirs mutation may be done in favour of the applicant if he has undisputed possession after publishing in the GAZETTE..
Rule 10 procedure.(15 days notice in Site-VO-Lsg)
Hearing of the parties aggrieved.
If a person informed that he has challenged the claim on the ground of a court he shall file a declaration with copy of the plaint within 3 months)..in such cases mutation should be done according to court decision.
Proof of possession- FIR/tax receipts/Bills/
But absence of above proof never in validate the claim – Tahsildar can rely upon enquiry report of VO /mozhy.
Rule 28. Adverse possession ď ľ
Uncontested/ un challenged/ continuous Possession of assessed land for 12 or more years.
ď ľ
Rule 10 procedure must be observed.
Rule 28- order received . ď ľ
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What can we do…?.
Encourage sketch by a pvt surveyor in the document.
Encourage setting up boundaries.
In PB cases, direct the applicant to plant survey stones.
Citizen is the Best Custodian…issue a copy of the sub division sketch,proceedings to the land holder also.
Issue pattayam after pokkuvaravu.
Encourage sketch of licensed surveyor in documents…..Registration Act s.21.
21. Description of property and maps or plans (1) No non-testamentary document relating to immovable property shall be accepted for registration unless it contains a description of such property sufficient to identify the same.
(4) No non-testamentary document containing a map or plan of any property comprised therein shall be accepted for registration unless it is accompanied by a true copy of the map or plan, or, in case such property is situate in several districts, by such number of true copies of the map or plans as are equal to the number of such districts.(give 3 copies of the map in legal size paper) Is an error in survey number a problem…?
What can we do…?.
Avoid reminders…encourage inter personal relation ship.
Reports must be S-M-A-R-T.
Issue notices only in statutory cases.
Maintain stockfile uptodate .
All application must be received by V O.
Application must contain Telephone number.
Noting UID number/Telephone number in the Thandaper.
What can we do…?.
There shall be proper work distribution in villages..
An officer need be relieved only after handing over charge of Pokkuvaravu records.
Citizen is the best custodian.
Issue pattayam only after effecting transfer of registry.
Complete post award action in LA cases.
WORK DISTRIBUTION IN VILLAGE OFFICES
WORK DISTRIBUTION IN VILLAGE OFFICES
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ERROR IN Sy Number.
TRANSFER OF REGISTRY RULES, 1966. ď ľ
Pending revenue Recovery proceedings is not a BAR for effecting pokkuvaravu
ONLINE POKKUVARAVU
Request in Form 1B and scanned document is recieved from SRO. OR
VO scan the request/document/Report and uploaded.OR
Orders of TR from Tahsildar/subdvn sketch scanned and uploaded by VO.
Entries made in PV register in all the above cases.
A form is prepared online/enquiry report by Va …..sent to VO
VO passesses NIL cases and sub dvn cases sent to Tahsildar.
Tahsildar(dy tahsildar ) approves TR and records returned to VO.
Thandaper/TV registers are updated.
One approved copy odf a form signed by VA/VO printed and kept in SF.
. ď ľ
Do you have
the right to make Loan details in The Thandaper and deny tax/TR..?
YOU ARE PROTECTED…?
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SC/ST land transferred Without permission cannot be mutated.
Resurvey records superceeds document.. ď ľ
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Thank You!! ď ľ
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T. JAMES JOSEPH Tahsildar Meeenachil MOB -9447464502 WEB- www.slideshare.net.in/mysandesham. Face Book -Kerala Laws on Land