Land Records 2023

Land record is a generic term which is used to refer to a number of records. These include Records of Rights (RoRs), register of the lands, crop inspection register, tenancy, mutation register, disputed case register, and so on.

Land record also includes certain geological information in regard to the land such as the shape and size of the land, type of soil on the land. It can also include the economic information in relation to the irrigation and crops.

Listed below are the different types of lands for sale in India:

• Residential Land: Residential land, as the name suggests, is a plot of empty land which is used for housing purpose after dividing the same into different sections. In general, this type of land is used for individual housing.
• Industrial Land: Industrial land is a piece of land which is used for setting up industries. These pieces of lands are usually bigger in size and are located in the outskirt areas, away from the residential localities.
• Commercial Land: Commercial land is meant for commercial purposes such as space for offices, warehouses, showrooms, shops and retail outlets, and so on. These areas are usually closer to the locality.
• Agricultural Land: In India, more than 50% of the total land mass is agricultural land. As the Indian economy is significantly dependent on agriculture, there are a number of agricultural land spaces across the country. These pieces of land usually lie in the less developed belts.

State wise Land Record e-Service Portals

Land Registration Process

All the 29 states in India offer the services of registering a property online. However, it should be kept in mind that only a few parts of the registration process can be completed online. The necessary steps for the online registration process of a land in India are mentioned below:

Step 1: Determine the circle rate of the area in which your property lies. The circle rate might differ on the basis of the type of the property.

Step 2: Calculate the registration fees and the stamp duty of the property.

Step 3: Make the online payment for the registration fees and the stamp duty of the property.

Step 4: Take an appointment with the sub-registrar's office under whose jurisdiction the property lies.

Step 5: Before submitting the property documents for the registration process, the buyer, seller, and two witnesses have to provide their signatures.

Step 6: Visit the sub-registrar's office on the given date of appointment and submit the property documents for the final registration purpose.

Note: Register your active mobile phone number for the online registration process. This is necessary as you will be required to identify and validate your login and submissions using the OTPs which are sent to your number.

List of Documents Required for Land Registration

The land registration process can be divided into two broad parts – the online and the offline registration.

For the online registration process, you will not be required to upload any documents. However, you will be required to purchase e-stamp papers and make online payments for the registration fee and the stamp duty. In addition to that, you will be required to provide some information which are listed below:

• Description of the property including the area, pin code, and so on.
• Type of the property – industrial, residential, commercial, and so on.
• The mode of ownership of the land – purchase, lease, gift, and so on.
• The personal details of the owner – name, occupation, age, and so on.
• Document of proof of the property – power of attorney and/or title deed.

The documents that you will be required to submit physically at the office of the registrar are listed below:

• Non-judicial stamp – has to be duly prepared and has to be of the value of the deal.
• Two passport sized photographs on each copies of documents of the buyer and the seller.
• The e-stamp paper along with the value of the stamp duty.
• Copy of PAN card.
• The receipt of the e-registration fee along with undertaking.
• The original ID proof of all the parties – buyer, seller, and the witnesses.
• Optional – Receipt of TDS of the property in case the value is more than Rs.50 lakh.
• Optional – Documented history of ownership of the property in case it is a house property.

How to Update Owner's Name in Land Records Online

Here are the steps to change or update the land owner's name in the land records:

Submit an affidavit: You can update the land owner's name in the land records by submitting an affidavit which is signed by a notary and two gazeted officers. The affidavit should have the name of the current land owner, the name of the new land owner, and the reason for changing the name.

Publication of advertisement in print media: After the name is changed in the land records, an advertisement announcing this should be published in two newspapers, one of which is an English daily and the other a newspaper in the state's official regional language. The advertisement should mention the previous owner's name, the new owner's name, the date of birth, and address.

Notification in the gazette: A copy of the advertisement mentioned above should be sent to the Department of Publication along with all the supporting documents in order to complete the change of owner's name in the land records.

Land registry office visit: After the land owner's name has been changed legally, the current land owner should visit the office of the land registry along with all the necessary proofs that are related to the change in the name of the owner. These should be submitted along with a nominal fee. After this is done, the name will be updated in all the land records.

Verification: Once the documents have been submitted to the land registry office, they will be verified by the concerned officials to confirm that the change of land owner's name is genuine.

Update of name: When the above-mentioned verification is completed, the name of the new land owner will be updated in all the government records. A copy of this will also be sent to the registered address of the applicant.

This procedure can also be done online in some states on the online portal of the land records. The overall time required to update the name in the land records is around 20 days.

Correction of Spelling Mistakes in Land Records

The following are the details about correction of spelling mistakes in land records:

• Name in the land record should be spelled correctly and there should not be any errors.
• Errors in spelling of the name will create problems while applying for mortgage, housing loan, or during selling property.
• Erros should be detected and rectified immediately.
• Not only spelling errors, but land records should not also have any missing names.
• For rectification of the errors, a notarized affidavit must be provided to the land registry department.
• The affidavit must have clear mention about the error and other details related to it.
• Land records gets updated with correct information after verification of the details.
• A rectification deed also needs to be submitted to correct the land record.

Rectification deed required when freshly registered property papers have misspelled name of the owners.

The rectification deed should be sumbitted after acquiring permission of both the seller and the buyer.

Registered original sales deed should also be submitted along with the correction deed.

Stamp duty and registration fees should be paid to complete the process.

FAQs on Land Record

1. What is RTC?

RTC stands for Record of Rights, Tenancy, and Crop Information. This is exclusive to the state of Karnataka only. It is also termed as Pahani and provides a land record of a property which shows the details in regard to the ownership of the land, rate of water, area of the land, nature of possession of the land, tenancy, assessment, liabilities, and so on.

2. What is Mutation of Property?

Mutation of property is the process of changing or transferring the title of a land in the records of the concerned municipal body under which the property falls. Through the process of mutation, the title entry is transferred or changed in the revenue records of the local authority.

3. What is Survey or Tippani?

A Tippani or a Survey is basically as document which provides the short description of a particular survey number. It contains the measurements of the land along with a sketch of the property. It is issued by the survey department.

4. What is Encumbrance Certificate?

An Encumbrance Certificate is a clearance document in relation to a property. This certificate is a document of assurance which shows that the property which is being dealt with is free from all legal and monetary liabilities. It shows whether there is any monetary liability on the property such as any uncleared loan or mortgage.

5. What is Akarband?

The Akarband is a document which helps determine the survey number of a property and the particular party to whom the number was allotted to at the first place. It also contains the details pertaining to the land revenue assessment details. This document is issued by the survey department.

6. What is Record of Rights?

A Record of Rights is a land record which contains all types of rights and liabilities registered in respect to the piece of land which is registered.

7. Why is it important to keep land records?

Keeping land records helps the owner of the property to hold title against any other claims made by others. Registered sales deeds, government survey records, property tax documents, and other similar documents determine land ownership.

8. Can farmers get a copy of their land records if yes how?

Yes, farmers can get their land records from panchayat office or district office by paying a small fee.

9. Can a land be registered in two names in India?

Yes, you can register a land in two names in India.

10. What is the officer who keeps the record of land called?

Land record is maintained by ‘Patwari’ also known as village accountant, who is a government official. The person tracks the land record of the village that he or she oversees.

11. How is land record maintained?

The land record of the land-owning people in the village or group of villages are maintained by the Patwari. The government official updates the land records when there is any change in ownership of the land.

12. How much land can a person own in India?

A joint family with more than five individuals in the family cannot hold land more than 15 acres. While an unmarried individual cannot hold more than seven and half acres of land.

13. Which department of the Indian government maintains the records of land use data?

Department of Land Resources is the Government department in India responsible for maintaining the date of land records.