Saturday, August 30, 2014

Precautions/ points to be considered before buying a plot for construction of house or pruchase of land

This article will be helpful to first time buyer of land/ plot for construction of house, person who want to invest in property, real estate, having surplus funds of invest in property, the person having windfall income from sale of ancestral property and want to further park funds in real estate only to avoid income tax on capital gain etc.



It is everybody's dream to own a house of his/ her own. In India particularly the middle class is living in rented accommodations.  The rising trend of increase in rent, increasing the family size, rise in income level, avenue for extra rental income etc are many reasons for which a common man tries to purchase the plot and construct his own home.


But in the eyes of a common man dealing with revenue records is a tedious job or nearly impossible to understand. considering this knowledge gap a class of middle men or agents crops up, which are distorting the real estate market. The seller of land is not getting the price and buyer has to pay more.

The significant difference in govt price and market price has lead to generation of black money and further making it expensive to afford a piece of land to construct a house. The registration fee and stamps are to be purchased on the basis of government price of land. the seller insists to quote less price to show his less income to avoid income tax and buyer want to pay less to govt in term of registration fee and stamp duty as these costs are to be borne by buyer. This is also forcing a honest person to become criminal in the eyes of law. Whole of mileage is  taken by some unsocial elements and making them milliners  or billionaires overnight.

Even after spending the hard earned money some people were misguided by agents and the buyer remains in metal tension throughout of his life. Keeping in view the experience some key points/ precautions are required to be checked before purchasing of plot/before construction of house. The conditions and rules may very from location to location but the basic idea is to create a general awareness.

1. The most important point before consideration to buy a plot is its access to road or the way. In punjabi it is called raah or rasta. without clearly demarcated road/ rasta in revenue record with the identified path, the plot or agricultural land has no value. other person/ neighbour will not give the way to access your plot. ultimately this plot has to be sold to neighboring plot holder who has access to road/ rasta. some agent manipulate that later on it will be demarcated on map/ revenue record, which will never happen after the sale. so make it clear to have a clear cut road/ rasta access to identified plot in revenue records.

2. Second most important point is the size of plot. after enforcement of town and country planning act, every locality/ area is having criteria for minimum purchase of land. eg. in Himachal where bigha/ biswa system is there minimum land required is 7 biswas or in kanal marla system minimum land is required 10 marlas. the requirement may vary from location to location. any plot having less than minimum specification can not be used for construction of house. The Map of house will not be approved by TCP (Town and country planning)deptt. and if any person build his house, there will be no connection of electricity, water, and other utilities. So before purchasing any land/ plot minimum prescribed area should be confirmed from TCP officials.  

3. The third most crucial point is the entry of transaction/ takseem/ mutation in revenue record of patwari. In general practice it is assumed that after registration the land is owned by the buyer. but in revenue records terminology the transfer of ownership is complete only when the mutation of sale/purchase has been entered by red ink entry in revenue record of patwari. The common process of entry of sale/purchase follow following procedure:

Registration----Entry in mutation/intkaal register----entry in patwari rojnamcha/ daily diary---entry in jamabandi of patwari.

when the entry has been made in jamabandi of patwari, a copy of jamabandi of that khata be obtained having red ink entry in your favour from concerned patwari. The signature of patwari with seal and date and description like "Nakal Mutabik asal Hai"should be obtained. This copy of jamabandi should be attached with the registration available with you. then the transaction is complete.

The risk behind is that in some case frauds are happening that same piece of land is sold twice or thrice to different parties between the time of registration and its entry in jamabandi. To avoid this risk copy of jamabandi having red ink entry should be obtained and in any case there is fraud, the responsibility lies with the patwari if you have copy of red ink jamabandi with signature and date.

There are many other  points which will be elaborated later on keeping in view the feedback and instances which come through.

You can share your views/ experiences/ information on anil.chauhan2@gmail.com which can be further analyzed and posted on this blog.

Saturday, April 20, 2013

PURCHASING AGRICULTURAL LAND



PURCHASING 
AGRICULTURAL LAND

Purchasing of land is always considered a safe avenue of investment. Generally purchase of land is made for speculation as investment point of view and in some cases for cultivation of agricultural and horticultural crops. As land is scarce resource hence its demand always exists, the price range may vary with the flow of cash in economy.
In the present cycle of economy there is great slump in real estate market. The prices of property already corrected a lot. Investment in land for speculation point of view is not a profitable business from last two years. Hence investors are thinking on investment in agricultural land for cultivation point of view , in which agri farms can be developed and which can be sold in future on high premium.
While purchasing the agriculture land for cultivation purpose following revenue and non-revenue related points should be considered.
The location of land is most important. The land should be ideally located near the road so that agri machinery should reach to farm easily. Most crucial point to be considered that land should be connected with road, in revenue terms it is called “Raah”, means there should be raah to land, without the access of raah there is no use of land, and owner cannot use some others land to perform the intercultural operations of agriculture/ horticulture.
The purchaser of land should ensure that there is regular source of irrigation water. This may be either through canal linkage or tubewell in the land. In some areas where water level is very low, the permission to dig deep tubewell or submersible pump is not granted by irrigation department, these areas are marked as red zone. Hence purchasing of land in these areas is of no use.
Prices of agricultural land are always remains a key point while purchasing of land. In states like himachal, government has issued direction regarding circle rates of land in different districts. These are called the average rates or salana ausat of agriculture land, on which registration of sale deed is done. The rates are calculated on the basis of distance of land from connecting road and type of road as well. There are different rates for land upto 25 meters far from road, from 25 to 50m from road and more than 50 meters. The rates are notified be deputy commissioner and are valid for one year. The registration is made on these rates. At present in Himachal stamp duty is 5% registration charges are 2%. Hence the location of land is very crucial in terms of its price. It is pertinent to mention here that non himachali cannot purchase any type of land in himachal. They have to obtain permission under section 118 from government.

While purchasing of land the revenue related issues as mentioned in my previous posts should be considered regarding its type, ownership and possession. One important point to be considered after purchase of land is that the red ink entry of mutation should be ensured in 12th column of jamabandi. A copy of jamabandi having mutation entry with signature and stamp of concerned patwari should be kept in own record for reference in future.
In addition of above points some other important points should be considered which will be elaborated in my future posts. Your valued suggestions are always welcome. You can also send your queries and suggestions on my mail anil.chauhan2@gmail.com.

Saturday, March 2, 2013

Revenue Area in Metric System


Revenue Area in Metric System


Now a days Government is emphasizing on the computerization of  revenue record. Almost all the states are doing it aggressively. In the first phase, the jamabandi is converted in electronic form and later on the map ( chajra/ tatima/ masabi/ latha) are also to be converted into electronic form through remote sensing.

The computerized jamabandi is also readily available in Sugam Centres or designated offices. It is proposed to make them available at LOK MITRA KENDRAs. This would be a great help to general public. 

In most of computerized record the area is mentioned in metric system instead of Kanal Marla or Bigha Biswa. The metric system is very easy to understand and to calculate. In a standard Jamabandi area is written in  Hectare. As we know one Hectare is equal to 10,000 sq. meter. So we can easily convert sq meters into Kanal Marla, Bigha Biswas or even in Sq feet

The format is written as 01-00-00 Hectare for area of one hectare. For area of 800 sq meter is written as 00-08-00 Hectare, similarly 25 square meter is written as 00-00-25 Hectare and so on. 

The conversion formulas are already posted in first post of blog. In Himachal (particulary in upper Himachal including Shimla, Solan, Sirmour, Kinnaur) etc the area  of one bigha is approximately 753 sq meter.


Wednesday, February 27, 2013

How to read a Jamabandi ……(fard, revenue record)



How to read a Jamabandi ……(fard, revenue record)

Jamabandi is the most important document of revenue record. It is known by different name like fard, parcha or many other different names in different areas, but most common name is JAMABANDI. It is believed that reading of jamabandi is a very specialized task of revenue officials and far away from the knowledge of general masses. It is also misappropriated that reading of jamabandi or acquiring the knowledge of revenue record is only limited to revenue official especially patwari or kango and other do not have any need for it. 

But in present circumstance when everybody who is involved in buying and selling property, agricultural land on regular or occasional basis, getting loan on movable or immovable property or offering any guarantee of any loan/ credit whether short term working capital loan, medium term loan or long term loan, everybody should have a basic knowledge of revenue record. It not only helps to boost the confidence of investor of borrower but also save him from fraud, misappropriation or any other litigation.

Coming back to jamabandi, this record expresses a lot of things. Instead of showing the ownership and possession, jamabandi also gives knowledge about type of land, its holding status, source of irrigation if cultivated, the type of structure built on it, the nature of owner, location of land, its fragmentation type and a lots of other things.

In general a Jamabandi is having 12 (twelve) columns. Each column depicts unique information. The information in some columns is very very important and in some column it is of less importance.
On the top of jamabandi the information like Hadbast number (it is the number of boundary of revenue village), year of jamabandi (generally jamabandi is made after every four years) name of village, tehsil and district are mentioned.

The first column of jamanadi is the Khewat number or number khewat. It is the number of owner/owners of land. It is written by black ink. This number is subject to change in next jamabandi. Sometimes a number in red ink is mentioned in this column, it is the number of khewat in last jamabandi mentioned for reference only. A term MIN is mentioned sometimes, it means the part of whole khewat number which is divided into parts. The detail description of khewat number is mentioned in column 4 or we can say that the owners mentioned in column number 4 are having one khewat number which is mentioned in column number 1.

The second column of jamabandi is Khatauni Number or Number Khatauni. It is the number of possessioner or cultivator of land. The description of cultivator or possessioner is mentioned in column number 5. We can say that the cultivator or possessioners mentioned in column number 5 are having khatuani number which is mentioned in column number 2.

In column number 3 Patti, Taraf or numberdar are mentioned. This column is ment for providing the information about physical location of land. In many villages particular cast is living in patti, hence the name of patti is mentioned as per their cast. Sometimes the location is identified through its numberdar, but the only objective is to find the location of land.

In column number 4 the detail of owners of land is mentioned. It is mentioned by writing the name of owner his/ her father and grandfather. Upto grandfather is taken to ensure the identity of owner, as same name can be of different person in same village. The number of ownership is mentioned in column number 1 as khewat number. When the owner is adopted one then the term “MATVANA” is used. If the land is in name of panchayat/ trust/ wakf board/ shamlat (common rights of villagers) then their name is mentioned in this column. In some cases when the land was sold/ transferred/  gifted in last jamabandi, it is also mentioned in this column. If the transfer is made in current jamabandi period then its entry is made in column number 12 (remarks column) then the description in column number 12 is final, and entry of column number 4 carries no weight. It will be discussed in detail in column number 12 description.

In column number 5 the detail of possessioner or cultivator is mentioned. If the owners mentioned in previous column are also the possessioner or cultivator of land then the term “ Khudkast (kast means cultivation) va Makboja Malkan “ is mentioned. If it is not the case then the term “Gair Marusi” means temporary unauthorized possessioner as “Kache Mujahire” is mentioned. If it is “Gair Dakhildaar” then it is permanent unauthorized possessioner. Sometimes these possessions are given intentionally to the workers (called as SIRIs) to avoid to come under land ceiling act. But the title is not clear in such cases.

In column number 6 Naam chah etc is mentioned which is not at all important.
In column number 7 number khasra is mentioned. This is the important column of jamabandi. Number Khasra is the number of land holding, which remain same in all the jamabandi. If it is divided in parts it is written as khasra number 1/1, ½ when khasra number is divided in two parts. When khasra number 1/1 is again divided in two parts then it will become 1/1/1 and 1/1/2 and so on. It must be remembered that khasra number will never be changed. If the measurement is in kanal marla system then first murrabha number/ mushkeel number/ rectangle number is written in red ink underlined by two straight parallel lines then khasra numbers are written in black ink. In case of bigha- biswa system only khasra numbers are written with black ink. There is no murrabha number in bigha biswa system. Total number of khasras are mentioned in the end as kittas. E.g. if there are 15 khasras in one khewat then at end total kitta are mentioned as 15.

In column number 8 the area of each khasra is mentioned. Mostly the maximum area is 8 kanal 0 marlas (means one acre). But when the land is not cultivated or hill or desert. Then total area is mentioned in one khasra also which may exceed one acre. Type of land is also mentioned below the area of khasra. If it is not cultivated or some building is constructed over it then “gair mumkin” is written, when irrigated by wells then “Chai” is written, when irrigated by canal, then “Nehri” or “abbi” is written, when it is rainfed then “Barani” is written. In some areas the direction of this piece of land is also mentioned here like “Charda” is written for east direction (rising side of sun) “neevan” for west side, “Pahar” for north side (Himalaya side) and “Dariya” for south side. Sometime type of cultivation is also mentioned like “Bagicha” ( orchard), “Poplar”, Sarkanda or Munji is also written in this column. The total of areas is made at the end of khatuni and then Khewat. It must be noted that total of Kita and area should tally at end of each Khatuani and total of Khatuani should tally at end of Khewat. The khasra and area are not changed in next or previous jamabandi, as the area of land remains constant.

In column number 9, 10 and 11 the detail of lagan etc are mentioned but not important for transaction motive, but its importance may vary from area to area. 

Column number 12 is most crucial column in jamabandi. It is a remarks column and any entry made in this column may change the status of owernership or possession of land. The entry in this column is made through red ink and every entry is having one specific reference number or intkaal number or rapat number. All entries pertaining to sale purchase or any other type of transaction in current jamabandi period is mentioned in this column. In next jamabandi these entries are transferred to khewat or khatunai column of jamabandi. The common practice of entry in this column is like “ Baruae rapat or intkaal number (reference number), date, wallon (by) tranferrer name Bahak or bae (sold)/ rehan (pledge means given possession)/ aadrehan (without possession)/ Hiba (gift deed)/vasihiat (will) etc. khasra number (so and so) kul (total) kita and area banam (in name of) buyer, bank etc.  for amount  (such and such) kar diya hai (have done it). These are followed by signature of patwari or revenue officer.

At last the patwari/ revenue officer give the undertaking as “Tasdik kiya jata hai ki Nakal Mutabik Asal hai” means certify as true copy. Sometime also mention about the fee paid by the applicant for this copy. Now a days computer generated attested copies are also available. But in some area these are very lengthy and unable to understand. 

But the patwari record is the actual and lasted updated record available. It is recommended that while purchasing any land it should be ensured that its entry has been made in records of concerned patwari and is advisable to keep a copy of your transaction entry in your records.

It is a general practice that after the registry is made in sub registrar office, its entry will be made in intkaal registar and the copy of intkaal is issued, its entry is then made in rognamcha (daily diary) of patwari. Then patwari make this entry in jamabani. Until then the entry is made in jamabandi of patwari, the chances of double sale of property, double mortgage of same land to different banks, double charge over same property and occurrence of other fraudulent activity may be there. Hence red ink entry of mutation should be ensured in jamabandi of patwari. In the case of double entry on same property the then the right of person having first entry is the first. 

Sometime when the land is dispersed in different khasras and mutation has been made then only the detail of mutation or rapat is mentioned in main khewat where the area is maximum and only the mutation and rapat number is mentioned in rest khewats. In this case it is advisable to check the complete details of mutation or rapat of that number when the khasra in question is in process of purchase or transfer. Ignoring the number may cause severe consequences in future and drag the property in dispute.

So these are the basics of jamabandi. The terminology and process may vary from location to location. This type of terminology or process is prevalent in north part of India particularly Punjab, Haryana, North part of Rajasthan, Jammu, and part of Himachal Pradesh.
Your feedback and suggestions regarding any omission or mistake are welcome.   


Thursday, February 14, 2013

Good Banking Record, Credit History or Bank History & its Effects



Good Banking Record, Credit History or Bank History & its Effects
This article is helpful for those, who want to raise any type of loan like Personal Loan, Business Loan, Loan Against Property(LAP), Education Loan, House Loan, Agriculture Loan, Credit Card or to offer any type of guarantee or to have a good track record for future borrowing from bank, NBFC ( Non-Banking Finance Company) or other financial institution.
 

Anyone would like to have good record in every field whether it is personal or non-personal. The reason for this is to build good relationship and enjoy the benefit in future. Any negative feedback in track record will have adverse effect on future relationship. Similar is the case with financial institutions, banks or NBFCs.
The relationships with these institutions are of two types i.e. for credit/ loan purpose or for deposit purpose. Banks generally welcome the deposit without any hassle or even reward with different kinds of benefits or privileges but in case of credit these banks and other institutions are very cautious. This is necessary because bank advance the depositors money to earn interest on it for payment of interest to depositor and to earn profit.
Credit is an important need to a person or businessmen to meet the personal and business requirement. But if the loan case declined, it has a very depressing impact on personal and business front and force the needy to borrow funds at high rate of interest which disturb the financial position.
The decline of loan case may be of different reasons, but the most common is the unsatisfactory bank record or credit history. This might be in the knowledge of applicant of loan or not. A small mistake or negligence cost dear.
Now almost all the banks or financial institutions are well connected through networking and data can be accessed from anywhere. There are specialized hubs which stores the data of every individual and banks can easily access the data from there hubs. If there is any discrepancy in saving account like non maintenance of minimum balance in account, bouncing of checks, unpaid installments of loans, penal interest applied on earlier or other loan account, delay in payment of credit card bills or any other utility payments it shows bad match when query is raised. This ultimately results in decline of loan case.
These negative match are sometime intentional and sometime non intentional. In India this data is stored in CIBIL or in banks internal de-dupe. When the applicant is aware of his credit rating or banking track record, then he/ she should forward the application for loan. In case it comes to the knowledge of applicant regarding bad credit history, it should be rectified first. To update the record in CIBIL, application should be filed to update the credit record and after ensuring its correctness, case should be forwarded to bank for further processing.
It is also advised that one should maintain his/her banking history well. Timely repayment of loans, credit card bills and other utility bills should be ensured. The saving bank account statement or passbook should be checked regularly and any discrepancy should be rectified within time. Financial literacy should be ensured in this connected world, who knows when the need for finances arises at the once. A small mistake will affect the future of child if educational loan is declined or will shatter the dreams of own home if home loan is not approved.

This practice will help the applicant to get sanction the loan in hassle free manner and will help to prevent from unnecessary bothering. 

Thursday, August 18, 2011

Revenue Terminology of himachal

Khewat Number

The Khewat number normally referred as 'KHATA NUMBER' by revenue officials is the account number given to owner(s) which form a set of co-sharers who own the land in same or different proportions. It therefore, can be understood as the account number given to various owners in the Khewat. The Khewat number in the Jamabandi runs sequentially starting from 1 to N.

The Khewat Number may get changed in the next Jamabandi due to rearrangements i.e. same owners who were owners in some Khewat earlier may get another Khewat number in next Jamabandi. To clarify the things further, let us assume that there are 10 Khewats in a village and owners A, B & C were earlier in ownership of the Khewat 5 and did some transactions to a person say X who may be an owner in this village already or may appear in the Shajra and Jamabandi of the village due to this transaction for the first time. Now due to mutation(s), it may be the case that owners in Khewat number 5 sold complete land to X. If complete Khewat is sold and owner 'X' already exists in the village, then all the land will shift to Khewat that belongs to X. In case owner 'X' is a new owner and was not there in the Jamabandi earlier, then during mutation entry Khewat number 5 will cease to exist and instead Khewat number 5/1 will be given to 'X'. During final rearrangement / sequencing of Khewat number, then it may be the case that depending upon the caste/sub-caste of the Owner 'X' now Khewat number 5/1 (Khewat created from 5) may get another number.

The arrangement, which has been shown above is a simple one for the purpose of understanding but in real situations it may be more complicated one depending upon the nature and type of mutations taking place in the village.

You may say if above is the case then what is the way to know the Khewat of owners in the previous Jamabandi. This can be known with the help of Khewat number written with red ink (in computerized print it is shown as underlined) beneath the current Khewat number. In case you see Khewat number 6 (in blank ink) and beneath that Khewat a number say 5 is written in red-ink, then you can simply assume that present owners of Khewat number 6 in the current Jamabandi were owners in Khewat number 5 in the previous Jamabandi.

Sometimes, a denominator is attached to a Khewat number also. This happens because of the fact that during the writing of Jamabandi and arrangement of Khewat numbers, a Khewat is left inadvertently and has to be inserted in between. For example though there were 10 Khewats and Patwari tried wrote the details for 10 Khewat in sequence one after another but forgot to mention a Khewat in between. Such Khewat if is to be inserted after Khewat 6 will be given number 6/1 or if is to be inserted after 8 will be given number 8/1. Though this practice of writing Khewat number is wrong but there is no immediate solution available. A facility has been given to enter such Khewats also by giving additional field i.e. bata (denominator) for such Khewat number. However, after the mutations, once a new Jamabandi is prepared, such denominators will not be allowed.

Above is true in case of khatoni number also. But for denominator of Khasra, there is specific meaning and it has been explained in the section 2.4 ‘Khasra Number’.

Khatoni Number

As Khewat number refers to a set of owners, khatoni number refers to a set of cultivators in the same sense. This khatoni number is given to the cultivators in the Khewat and runs sequentially in the village starting from 1 to N. Each Khewat will have at least one khatoni or more khatonies but will appear in a sequence within the Khewat and in the village.

The Khatoni number if in one sense shows the cultivators then in another sense will show who are the persons who have the possession of the Khatoni consisting of various Khasras in the Khewat. In still another sense it also shows who are the persons who are owners of various khasras in the khatoni. In the same way as in case of Khewat where owner may sell, gift or mortgage, same type of transaction also takes place in the Khatoni also. Before the things start confusing you, the example shown below would help you to understand this issue.

Say, A, B & C are owners in Khewat number 5 and this Khewat has three Khatonies number 5, 6 and 7. In Khatoni number 5, it is written 'Kast Va Kabja Swayam' and has got three khasras. Then this means that these three khasra are collectively possessed and cultivated by all the three owners mentioned in Col.4 i.e. Owners Details of Jamabandi. In the next khatoni i.e. Khatoni number 6 which say has one khasra and it is written 'A, B, C Hissadar Baya X Mustari Kast Va Kabja Swayam Mustari'. This description means that the Khasra in the khatoni number 6 has been sold by all the three owners collectively i.e. A, B & C to X who is the owner in 'Khana Kast'. This is because of the fact that owners A, B and C have sold a particular khasra number to X and X will be shown in khatoni number 6 as buyer and possession is also with X i.e. the purchaser. The purchaser will not get any Khewat number for the reason that khasra sold was earlier under the possession with all the three owners. Purchaser X will get another Khewat only when this Khewat number gets divided and shares are worked out based upon the area owned by each owner.

Beneath the khatoni number, another number is written (underlined in computerised print) in red ink in the manually written Jamabandi) which shows the Khatoni number of current Khatoni in the previous Jamabandi. In the manually written Jamabandi this number is not shown. But once the mutations take place through this software and Khatonies are rearranged, then under each current Khatoni number, old Khatoni number would be shown as underlined.

As explained under section 2.2, that in the manually written Jamabandi, sometimes a bata (denominator) is added to show the Khewat inserted in between. It is also true in case of Khatoni.

Khasra Number

The Khasra number is nothing but a plot number given to a specific piece of land in the village. Same way as one or more Khatonies form a Khewat, similarly one or more Khasra form a khatoni. The Khasra numbers in a khatoni may or may not be mentioned sequentially and once a khasra number has appeared in a khatoni, it can not figure in another Khatoni except in the case if the Khasra is 'Min'. But if it is min then it can not repeat in the same Khatoni.

The Khasra numbers in a village are created once settlement of village starts. The settlement officials take village as a whole and on its map start from North East and give number to each and every plot in each direction and reach to North East direction again after giving number to each plot in all the directions.

Khasra number may get divided due to sale, gift etc. during the mutation and is given a new number with denominator. For example, because of mutation, Khasra number 100 is divided into two parts then during mutation two divisions of this khasra i.e. 100/1 and 100/2 will be created and transaction takes place. Once all the mutations have taken place the rearrangement of Khasra i.e. numbering is done by Patwari. How this renumbering/rearrangement is done is explained below:

Say in the village only 499 Khasras were there in the previous Jamabandi and two new khasra divisions i.e. 100/1 and 100/2 were created due to mutation. During reorganisation, Khasra number 100/1 will get number 500/100 and 100/2 will get Khasra number 501/100 and khasra number 100 will cease to exists i.e. the last Khasra number is incremented by one (that is 499 now become 500 and 501) and in the denominator Khasra number out of which the Khasra is formed is attached. This will be the case for all the Khasra divisions. New Khasra number generation takes into account the principal of 'First-In First-Out (FIFO)' that is Khasra which got divided due to mutation number 5 will have precedence in getting new number over the khasra number which has been divided due to mutation number 10. To make the things further clear, let us say that khasra 100 was divided due to mutation number 5 and Khasra number 45 was divided into two parts (i.e. 45/1 and 45/2) due to mutation number 10. Then once the mutations are over and rearrangement of Khasra is undertaken, then new Khasra numbers are generated based upon the principal of 'FIFO'. Suppose last khasra in previous Jamabandi was 499 then new Khasra number will be 500/100, 501/100 (for khasra number 100) and 502/45 and 503/45 (For Khasra Number 45). So the example clarifies though the khasra number 45 is a number lesser than Khasra number 100 yet Khasra numbers generated out of 45 due to mutation number 10 will get next i.e. higher numbers.

Group Number

During the execution of this software, you will often encounter the term 'Group Number' not visible in the Jamabandi anywhere but software making abundant use of this term. The group number has been given to each owner who himself or along with other owners owns a specific proportion of land in the Khewat or who have same parentage. Group number will also refer to the owners in the different proportions even if their parentage is same. During the writing of Khatoni description also, sometimes group numbers are generated to show the groups of cultivators.

Min & Salam

In the course of the implementation of Land Records Computerisation software you will often see the term Min/Saalam (feu / lkye) invariably. The 'Min' means partially and 'Saalam' means completely. If min is mentioned against an old Khewat/Khatoni/Khasra number then you can assume that the Khewat / khatoni / khasra under consideration is carved / formed out of the old Khewat / Khatoni / Khasra partially or transaction is taking place partially. 'Salam' word refers to the fact that new Khewat / Khatoni / Khasra is formed out of the old Khewat / Khatoni / Khasra when same was transacted completely. In case the Khewat / Khatoni / Khasra is formed due to min transaction, then you will see 'Min' besides the Khewat / Khatoni / Khasra. In case nothing is mentioned then you can very well assume that the Khewat / khatoni / khasra is 'Salam', by default.

Mortgagee

In case an owner takes loan from some individual or an institution with the security of his land then the deed is known as Mortgage deed and persons / institutions from which loan is taken are known as mortgagee. If mortgage takes place from one persons to another, then the mostly mortgage is with possession that is the mortgagee has the possession of the piece of land mortgaged and in revenue terminology it is known as ‘RAHIN’. If the mortgage takes place and loan is taken from some Government Institution, then the mortgage is without possession and it is known as ‘AD-RAHIN’

Awaal / Doaym / Soyam

Suppose A took loan from B and after mortgaging the land to B then B is known as Mortgagee 'Awwal' if B further takes loan from 'C' after keeping the land mortgaged as security, which he had taken from A. Then C will be known as Mortgagee 'Doyam'. If C further mortgage the land taken from B to D then D will be referred as Mortgagee 'Soyam'.

Type of Holding

During the course of entering the khatoni details, there is a field known as 'Type Holding'. The type of holding will be 'Individual' if the possession and ownership rests with the same family. In case the holding is owned by more than one family then the holding type will be 'Joint'. If both are not true for a holding then the holding type will be ‘Institutional'. This information is very important to understand and should be entered carefully as in Agriculture Census the information is analysed based upon this parameter.

Patti

In the British regime a village was divided into number of patties/sections based upon the caste of the persons residing in that village. For example, Rajput used to dwell in a separate location, Brahimn in other and 'Shudras' still in another location. These locations were known as 'pattis'. But after the independence, this classification was changed and at present refers to various cluster / hemlets in the village in which villagers reside in groups irrespective of their caste.

Chak Tashkhish

This term refers to land classification in a broader sense. If it is 'Parvati' then it means that the village falls in mountainous area. In case if it is known, as 'Changar' then it means that in the area in which village falls, irrigation is totally rain-fed. There are different land classifications based upon this land classification.

Conversion Factor

Conversion factor (ranges from 0.000 to 1.000) is specified to convert the local area unit prevalent in the village to the Metric System i.e. mentioned in terms of Hectares-Ares-Centares. When the local unit is multiplied with this conversion factor then the area in Metric system can be obtained. The reports sent to Government of India are firstly converted to the Metric system if local unit is different from the Metric system.

If the local unit is Kanal-Marla then a kanal has 20 Marlas. If local unit is 'Bigha-Biswa-Biswansi' then 20 Biswansi make up a Biswa and 20 Biswa make a Bigha. If local area unit is 'Meters--Decimetres' (normally in the urban areas where khasra/plots are very small) then 100 decimetre make up a meter. In case, the local unit is 'Hectare-Ares-Centeres', then 100 centare (equal to a meter) form an Are and 100 are form a Hectare. Therefore a hectare refers to 10000 metres of land.

Revenue Unit

On behalf of Govt., the Nambardar of a village collects land revenue and deposits the revenue in the Treasury. This service rendered by the Nambardar is a paid one.

The rate of swai changes from time to time and at present it is 65% of total demand that is if demand is Rs. 1/- then swai will be 0.65 paisa and total revenue to be collected from the owner(s) will be Rs.1.65/-. Of this 65%, 30 is local rate and 35% is Nambardari that is the amount given to the Nambardar for this service.

Percentage Collection of Land Revenue

The land revenue collection is normally done twice a year by the Govt. through Nambardar in such a way that land revenue collection is done half in Kharif and half in Rabi season. But sometimes it is done in different percentage proportion say 60% in Kharif and 40% in Rabi or as the villagers decide at the time of Permanent Settlement.

Professional Area of Village

The professional area of village is measured by the Survey of India organisation. And in all the Agriculture Census reports this area figures are mentioned. It has been observed that normally Patwari is not aware of professional area. If that is the case, then actual area mentioned in the village may be entered against this field where ever referred to.

Alamat

This term will appear during the entry of Shajra Nasb. This normally connotes a person's characteristic. If an owner has alamat as 'Bandobasti Kabij’ / ^^cUnkscLrh dkfct^^ then that means that the owner was also owner at the time of settlement. In case alamat is 'Baap Dada Jivit Hai' / ^^cki nknk thfor gS^^ then it means that the owner's father/grandfather are alive. These alamat details are to be entered correctly as the processing & printing of Shajra Nasb depends upon this field information. For example, even if an owner’s father and grandfather are not alive but entered as alive then the box of the father and grand father will be depicted left to the owner's box whereas if this alamat is not there and not filled then owner's box will be exactly below the box of his father and father's box will be beneath the box of owner's grand father.

Total Shares

In Column 4 of Jamabandi, in the very beginning, total shares are mentioned. These shares are in proportion to the total area of the Khewat. For example if there 100 shares mentioned and total area of the Khewat is 1000 meters then that means each share is worth 10 meters. (1000mts. / 100shares)

Further each group shares are mentioned which are in proportion to the total area of the Khewat. For example there are three groups in the Khewat with respective shares as 10, 30 and 50. If in first group there are 2 owners then each owner will have 10 shares each and owns 100 meters of land. If in next group also there are two owners then each will own 15 share i.e. 150 meters of land each. In the third group there are 5 owners then each owns 10 shares which equivalent to 100 meters of land to each owner. So the total land comes out to be 1000mts.

Lagan

In case the land is cultivated by other than the owner of the land, then the person cultivating the land is liable to pay something either is cash or kind to the owner or agreed based upon the mutual agreement between the two. The agreement between two parties is known as 'Lagan'. Sometimes if there is sale deed in the Khatoni, then the revenue will be mentioned in this column in that case.

Mazrua (Krisht)/Giar Mazrua (Akrisht)

In case the land of khasra is such that it is possible to cultivate it either through man-made irrigation sources or through rainwater then land type is known as 'Mazrua' otherwise it is known as 'Gair-Mazrua'.

Under the 'Gair-Mazrua' land classification one term is usually referred to, as 'Gair-Mumkin' which specifies that anything constructed on it, is impossible to shift. For example, if a house is constructed on a piece of land, then the classification of that Khasra will be 'Gair-Mumkin Makan' as it is impossible to shift the same house somewhere else.

Wazib_Ul_Arj & Peshani

The customary rights of the village are shown in a report known as 'Wazib_Ul_Arj'. The attestation of these customary rights by the revenue officer in front of village and signature of villagers to whom the customary rights information is read is known Peshani.

Bartan

The TD rights or forestry rights of the villagers in revenue terminology are known as ‘Bartan’.

Common Terminology

Term

Description of Term

Abadi Deh

Site of village where predominantly people live.

Badastur

Unaltered / Same As

Banjar

Uncultivated land

Banjar Jadid

New fellow (land not cultivated for continuous four harvests though it was cultivated earlier.

Banjar Kadim

Old fallow (If continued to be uncultivated for next four harvests)

Barani

Dependent on rainfall

Bigha

A measure of area (It is different in different areas based upon local Karam unit)

Biswa

One twentieth of a bigha

Biswansi

One twentieth of a biswa

Chahi

Irrigated from well

Chahi Nahri

Irrigated partly from a well and partly from canal.

Chkota

Lump sum grain rent or rent consisting of a foxed amount of grain in the Rabi and Kharif.

Gair-Mumkin

A type of land on which existing arrangement are difficult to move.

Girdawar

Kanungo or Supervisor of Patwaris

Girdawari

Harvest Inspection

Karam

Unit of Length and varies from tehsil to tehsil and district to district.

Kharaba

Portion of crop that has failed to come due some calamity

Kharif

Autumn harvest

Khasra

List of fields, field register

Khasra Girdawari

Harvest Inspection Register

Khata

Holding of tenant

Khatauni

Holding slips prepared at re-measurement

Khewat

A list of Owner’s holding

Khud Kashat

Cultivated by the owner himself

Killabandi

Rectangular measurement

Lamaberdar

Village Headman

Latha Girdawari

Cloth copy of the Patwari’s Map

Marla

Measuring of Area

Mauza

Village

Min

Portion / Part

Misal Haqiyat

Record-of-Right prepared at the time of settlement.

Musavi

Mapping Sheet

Nahri

Irrigated from canal

Parat Patwar

Patwari copy of the new settlement record

Parat Sarkar

Government Copy of the new settlement record

Rabi

Spring Harvest

Sabika

Former

Taccavi

Loan granted by a Government to landowner for agriculture purposes.

Waris

Successor

Wasil Baqi Nawis

Revenue Accountant in the Tehsil

Zamindar

Landowner

Varsal

This type of Mutation is caused by either death or will of a person. In case of death of a person in the family, Patwari records the details regarding name of the person who has died, date of death and entry number of Chawkidar Register in his Roznamcha Waqaiti (Diary of daily events). Land can also be transferred to the successors i.e. sons, daughters, relative or any other person even if the owner is alive by way of his will.

Bai

Whenever a person sells his land either completely or partially, to another person, this type of mutation is know as Bai or Sale. The information recorded in this case is Sale Deed No., date of Registry and amount of Registration etc.

Tabdeel Malkiat:

This type of mutation is carried out after the settlement of dispute by some court. This is also know as degree by court (Ba Hakumat Adalat). The information recorded in this case includes Case Number, Date of starting of Case, Date of Judgment, Name of the Court, Name of the Judge, names of the persons who filed the Case, Names of the persons on whom Case is filed & Judgment Details etc.

Rahin (Mortgage Deed)

Whenever a land is mortgaged, completely or partially, to another person or party, mutation is of Rahin type. The deal can be either verbal or through Registry. In this case information like Date of Mortgage, Amount and Registry No.(or Roznamcha No. in case the deal is verbal). The land can be mortgaged with or without possession.

Fak-Ul-Rahin (Redemption deed of Mortgage)

This type of mutation is reverse process of Rahin. Whenever a person who has mortgaged his land want to get it back after paying dues to the mortgagee, the type of mutation is called Fak-ul-Rahin. It can be of two sub types. Verbal (through Roznamcha) or through

Registry. In case of verbal type, the details include type of Mortgage Serial No. of Roznamcha Waqaiti amount of Mortgage returned etc. In case of Registry, Deed No. is also recorded in addition to the above information.

Tabadala

Tabadla or mutation of exchange is the mutation, when two owners decide to exchange their lands. It can Again be either verbal (through Roznamcha Waqaiti) or through Registry.The details recorded are similar as those in the previous case i.e. either through Roznamcha Waqaiti entry or through Registry.

Hibba (Gift):

Whenever a part of complete land is gifted to some person, the mutation is called Hibba or Gift. The details of the person to whom land has been gifted are recorded.

Pattanama

Whenever a piece of land is given on lease for a long period, the mutation is known as Pattanama.

Takseem

Whenever there is a division of land in a joint holding, the mutation is known as Takseem or Mutation of Partition. The partition can be verbal among the landowners or when court directs the partition.

Documents

SHAJRA NASB

Prepared in every estate at the time of settlement, it forms a part of record of rights. Shajra Nasb is a pedigree table showing succession to ownership rights occurring from time to time in an estate. It is revised after every five years along with Jamabandi and in the interval, changes occurring from time to time are reflected in the Patwari's copy through suitable references.

The Shajra Nasb also serves as an index for locating an owner’s accounts (Khata Numbers) in the Jamabandi. In the new Jamabandi owner's accounts are arranged as per arrangement in the Shajra Nasb. The name of owner in the Shajra Nasb is arranged according to caste and sub-caste.

JAMABANDI REGISTER

It is prepared quinquenially in duplicate for every estate on the basis of entries existing and changes recorded on the Mutation Register, Khasra Girdawari Register and Fard Badr over a period of 5 years. It is the document to which a presumption of truth is attached. The form of the Jamabandi has 12 columns and gives Khewat / Khatoni number-wise information of total holding of each owner of land in a particular revenue estate. It also indicates cultivation, rent and revenue and other cesses payable on land and constitutes an up to date record of various rights in land. The new Jamabandi is prepared by the Patwari and is attested by the Revenue Office in a public meeting of local villages. Two copies of the revised Jamabandi are prepared, one copy is filed to the District Record Room and other copy remains with the Patwari. All changes in title/interests of the revenue estate coming into the notice of Revenue Authorities are duly reflected in the Jamabandi according to set procedures.

MUTATION REGISTER

All changes in title or interest are incorporated into the Jamabandi through attestation of mutation. The Patwari enters the mutations on the basis of a document/verbal information presented by the concerned parties for the change in title/interest on land. This information is first entered into the Patwari’s Diary (Roznamcha Wakyati) giving serial no. And date and then into the mutation register referencing the Roznamcha no. However, the final changes in the Jamabandi are made only after the Revenue officer has attested the mutation. The mutation form has 15 columns and every entry is given a Serial Number, which is called Mutation Number. This Mutation Number runs continuously from one settlement to another for each estate. The Mutation register is maintained by the Patwari and all entries are made in duplicate. The Patwari’s copy (PARAT PATWAR) contains the brief substance of the Revenue Officer’s order, while the other copy (PARAT SARKAR) contains the detailed order and is kept in the Tehsil in separate estate-wise bundles. Whenever a mutation is entered, the Patwari makes a note in the remark column of the Jamabandi in pencil giving the Mutation No. and type of mutation. When the mutation is attested, he makes the entry in Red ink, giving Mutation No., type and date of attestation.

When the new Jamabandi is written, all the mutations accepted are attached to the new Jamabandi for cross-reference and an index sheet linking the mutations to the Khatas is placed in the Jamabandi.

KHASRA GIRDAWARI

It is a register of harvest inspections unlike the Jamabandi, which is Khewat-wise, the Girdawari, is Khasra-wise. The Patwari conducts a field to field harvest inspections every six months in the month of October and April. He records the plot-wise details regarding crop grown, land description and status of the cultivator This register is considered important as it acts as master file for the preparation of many returns and reports. This document is retained in the custody of Patwari for the period of 12 years after which it is retrieved from him and destroyed. No presumption of truth is attached to this record though entries in it are often used as evidence in courts. Changes in the tenancy however are made through mutations in view of Section 10-A on the Tenancy Act.

FIELD MAP

A field map for every revenue village is prepared at the time of the Settlement. The original map is called ‘MUSAVI’. Its updated version is called ‘SHAJRA KISTWAR’ and these are kept in safe custody in the Record Room. A wax copy called ‘MOMI’ is available in the Tehsil.

All changes in field boundaries occurring due to partition, sale etc. attested in Mutation are entered from the Parat Sarkar Mutation onto the Momi. A copy on cloth called ‘LATHA’ is kept and updated by the Patwari.

VILLAGE NOTE BOOK

Popularly known as "LAL KITAB" these are prepared at the time of settlement. The kitab has valuable information regarding crops grown in the estate, soil classification, area under different crops, land use, transfers in land, wells and other means of irrigation in the village and abstract of the livestock and cattle census in the village. The data is updated regularly through harvest inspections and revisions of other records, which are the main source of the data to this kitab. These Lal Kitabs are prepared at village, tehsil and district level and maintained in the Patwari Office, Kanungo and Sadar Kanungo respectively.

WAZIB-UL-ARJ

In this customary rights of the villagers are maintained. This information is attached at the end of the Misal Hakiyat(Permanent Settlement). In the subsequent Jamabandies this information is not attached.

NAKSHA BARTAN

The forestry right popularly known as TD rights details is maintained in this document. This too is the part of Misal Hakiyat(Permanent Settlement). In subsequent Jamabandies, this information is not attached.