Wednesday, October 5, 2016

Glossary of Terms used in Indian Land & Revenue Records

1.   Aabi (आबी) – Land irrigated with means other than canal or well.
2. Abadi Deh (आबादी देह) – Inhabited Area of a village.
3.   Ad-Rahin (आड रहन) – Mortgaged without possession.
4.   Aks Shajra (अक्स शजरा) – Copy of Shajra.
5.   Awwal/ Doyam/ Soyam (अव्वल, दोयम, सोयम) – Suppose A took loan from B and mortgaged the land to B then B is known as Mortgagee ’Awwal’. If B further takes loan from ’C’ after keeping the same mortgaged land as security, then C will be known as Mortgagee ’Doyam’. If C further mortgages the land taken from B to D then D will be referred to as Mortgagee ’Soyam’.
6.   Ba Hukam Adalat (बाहुकम अदालत) – By order of court.
7.   Badastur (बदस्तूर) – Unaltered, as it is.
8.   Bahissa Barabar (बहिस्सा बराबर) – Equal division.
9.   Bai (बैय) – Whenever a person sells his land either completely or partially, to another person, this type of mutation is known as Bai or Sale.
10.         Banaam (बनाम) – in the name of.
11.         Bandobast (बंदोबस्त) – Bandobast or Settlement is a comprehensive term that covers all aspects of land survey & measurement, preparation of revenue records and assessment of land revenue.
12.         Banjar (बंजर) – Uncultivable land.
13.         Banjar Jadid (बंजर जदीद) – New fallow. Land not cultivated for continuous four harvests though it was cultivated earlier.
14.         Banjar Kadim (बंजर कदीम) – Old fallow. Land not cultivated for continuous eight harvests though it was cultivated earlier.
15.         Barani (बरानी) – Dependent on rainfall.
16.         Batai (बटाई) – Part/ Portion of harvest.
17.         Baya (बाया) – Seller of land.
18.         Bewa (बेवा) – Widow.
19.         Billa (बिला) – Devoid of, without.
20.         Chaharam (चहाराम) – One-fourth portion of harvest.
21.         Chahi (चाही) – Irrigated from well.
22.         Chahi Mustar (चाही मुस्तार) – Irrigated from purchased water.
23.         Chahi Nahri (चाही नहरी– Irrigated partly from a well and partly from canal.
24.         Chak Tashkhish (चक तशखीश) – 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.
25.         Chakautha (चकौता) – Land Revenue (Lagaan) in cash.
26.         Dehinda (देहिन्दा) – Gift Giver.
27.         Do Fasali (दो फसली) – Land which produces two crops per annum.
28.         Dukhtar (दुखतर) – Daughter.
29.         Fak-Ul-Rahin (Redemption deed of Mortgage) (फकुल रहन) – This type of mutation is reverse process of Rahin. Whenever a person who has mortgaged his land wants 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.
30.         Fard (फर्द) – Jamabandi Nakal. A copy of land records of an individual or family containing name of owners, area of land, shares of owners and indicates cultivation, rent and revenue and other cesses payable on land.
31.         Fard Badr (फर्द बदर) – To correct a mistake in the Revenue Records.
32.         Field Book (फिल्ड बुक) – A book containing details of measurement of each field eg. Its length, breadth, diagonal detail and worked out total area.
33.         Gair Marusi (गैर मौरूसी) – Unauthorised/ temporary tenant cultivator.
34.         Gair Mumkin (गैर मुमकिन) – Uncultivable land.
35.         Garv (गर्व) – West direction.
36.         Gerinda (गेरिन्दा) – Gift Taker.
37.         Girdawar/ Kanungo (गिरदावर/ कानूनगो) – Supervisor of Patwaris.
38.         Girdawari – Harvest Inspection.
39.         Gora Deh Bhumi (गोरा देह भूमि) – Land adjacent to a village.
40.         Gosha (गोशा) – Corner.
41.         Goth (गोत) – Gotra of family.
42.         Haal (हाल) – Current, at present.
43.         Hadbast (हदबस्त) – Serial Number of a village in a Tehsil.
44.         Hadh (हद) – Seema.
45.         Hamsheera (हमशीरा) – Sister.
46.         Haqdar (हकदार) – Owner of land.
47.         Hibba (हिब्बा) – A Gift, Present. Whenever a part of complete land is gifted to some person, the mutation is called Hibba or Gift.
48.         Ikrarnama (इकरारनामा) – Mutual Agreement.
49.         Intkal (इन्तकाल) – Mutation, recording change in ownership of land due to transfer by registered deed, inheritance, survivorship, bequest or lease, in the records of rights register of landholders as sanctioned by the revenue officer under his order or decision on a particular date.
50.         Jadid (Completely Revised) Settlement (जदीद सनी) – Under this type of Settlement operation complete re-measurement is carried out with the help of survey equipment keeping in view the old Shajra and record.
51.         Jadid (जदीद) – New.
52.         Jalsa aam (जलसाआम) – A community gathering.
53.         Jamaan (जमां) – Land Tax.
54.         Jamabandi (जमाबन्दी) – Record of Rights (ROR) of a village. Jamabandi Register contains name of owners, area of land, shares of owners and other Rights. It also indicates cultivation, rent and revenue and other cesses payable on land.
55.         Janib (जानिब) – Towards.
56.         Janub (जनूब) – South direction.
57.         Jinsavar (जिंसवार) – A headman’s list of the crops of a village.
58.         Jwar (ज्वार) – A kind of millet – Sorghum Vulgare.
59.         Kalan (कलां) – Big.
60.         Kalar (कालर) – Barren Land (Sour Clay).
61.         Kankoot/ Kan (कनकूत या कण) – Estimation of harvest produce.
62.      Kanooni (Regular) Settlement (कानूनी सेटलमेंट) – The Regular Settlement is taken up where no previous record exists. On this Settlement, the complete measurement is done with the help of survey equipment and new record-of-rights is prepared for the first time.
63.         Kanungo (कानूनगो) – Supervisor of Patwaris.
64.         Karguzari (कारगुजारी) – Progress Report.
65.         Kashtkar (कास्तकार) – Cultivator.
66.         Khaka (खाका) – Layout, Sketch.
67.         Khaka Dasti (खाक दस्ती) – Hand Sketch
68.         Khali Saal Tamam (खाली साल तमाम) – Land not cultivated for whole year.
69.         Kharaba (खराबा) – Portion of crop which has failed to come.
70.         Kharif (खरीफ) – Autumn harvest.
71.        Khasra (खसरा) – An area of land determined by a number called as survey number or khasra number in Land Records. Sometimes, Khasra Girdawari is also referred to as Khasra in short.
72.  Khasra Girdawari (खसरा गिरदावरी) – Harvest Inspection Register that mentions land ownership, soil and crop details.
73.         Khata (खाता) – All land holdings that belong to an individual/ family.
74.         Khatauni (खतौनी) – A document mentioning details of all land holdings of an individual/ family which cultivates the land.
75.         Khatauni Paimaish (खतौनी पैमाईश) – New Record of Right of land after bandobast/ chakbandi measurements.
76.         Khewat (खेवट) – A list of an owner’s land holdings.
77.         Khewat–Khatauni (खेवट-खतौनी) – A combined Khewat & Khatauni.
78.         Khud Kasht (खुद काश्त) – Cultivated by the owner himself.
79.         Khurd (खुर्द) – Small.
80.         Khush Hasiyat (खुशहैसियत) – In good shape.
81.         Kilabandi (किलाबंदी) – Rectangular Measurement of land.
82.         Kism Zameen (किस्म जमीन) – Type of land.
83.         Kurki (कुर्की) – Impounding a property.
84.         Lagaan (लगान) – Revenue/ Tax collected from the Tenant Cultivator.
85.  Lagaan-e-Bilmukta Saal Tamam (लगाने बिलमुक्ता साल तमाम) – Pre-determined Net Annual Land Tax/ Revenue.
86.  Lal Kitab (लाल किताब) – Village Notebook, 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.
87.         Lambardar (लंबरदार) – Village Headman.
88.         Latha Girdawari (लत्ता गिरदावरी) – Cloth copy of the Patwari’s area Map.
89.         Lavald (लावल्द) –
90.         Mahaal (महाल) – Village.
91.         Majkoor (मजकूर) – Current.
92.         Malguzari (मालगुजारी) – Tax/ Levy on Land.
93.         Malik (मालिक) – Land Owner.
94.         Marusi (मौरूसी) – Permanent Tenant Cultivator who pays revenue to the land owner.
95.         Mauza (मौजा) – Village.
96.         Mauza Bechirag (मौजा बेचिराग) – Unpopulated Village.
97.         Mend (मेण्ड) – Field Boundary.
98.         Min (मिन) – Portion / Part.
99.         Misal Haqiyat (मिसल हकियत) – Record-of-Right.
100. Mufasal Jamabandi (मुफसल जमाबन्दी) – Descriptive Jamabandi.
101. Mujaara (मुजारा) – Tenant Cultivator who pays revenue/ tax to the land owner.
102. Mukhtiarnama (मुख्तियारनामा) – License, Warrant.
103. Mukhtiarnama Aam (मुख्तियारनामा आम) – General License.
104. Mukhtiarnama Khaas (मुख्तियारनामा खास) – Special License.
105. Mundraza (मुन्द्रजा) – As written above, Ditto.
106. Murtahin (मुर्तहिन) – Mortgagee, loan provider for mortgaged land.
107. Musavi (मुसावी) – Original map, prepared for every revenue village at the time of settlement, showing position and boundaries of all fields.
108. Mustari (मुस्तरी) – Buyer of land.
109. Mutation (म्युटेशन) – Transfer or change of title in the land records of the revenue department for the concerned property.
110. Nahri (नहरी) – Irrigated from canal.
111. Naib-Tehsildar (नेब तहसीलदार) – The Deputy or Assistant of Tehsildar.
112. Nakal – A copy of land records of an individual or family containing name of owners, area of land, shares of owners and indicates cultivation, rent and revenue and other cesses payable on land.
113. Nautaud (नौतौड) – Making uncultivable land cultivable.
114. Neelaam (नीलाम) – To sell through auction.
115. Nisafi (निसफी) – One-half portion of harvest.
116. Nambardar (नंबरदार) – Village Headman.
117. Paimaish (पैमाईश) – Land Measurement.
118. Paimana Pital (पैमाना पीतल) – Brass Scale used to draw Musavi.
119. Panj Duvanji (पंज दुवंजी) – Two-fifth portion of harvest.
120. Parat Patwar (पडत पटवार) – Patwari copy of the new settlement record.
121. Parat Sarkar (पडत सरकार) – Government Copy of the new settlement record.
122. Pattanama (पट्टानामा) – Lease Deed. Whenever a piece of land is given on lease for a long period, the mutation is known as Pattanama.
123. Patti/ Taraf/ Thola/ Panna (पत्ती/ तरफ/ ठोला/ पाना) – A community of Villagers based on clans, caste, sect, area etc.
124. Patwari (पटवारी) – A Village Accountant or Registrar responsible for preparation of revenue records. He measures land on the ground and prepares all the prescribed record, which is checked, verified and made final by higher officials.
125. Pisar Mutbanna (पिसल मुतबन्ना) – Adopted Son.
126. Pisar/ Wald (पिसर या वल्द) – Son.
127. Rabi (रबी) – Spring Harvest.
128. Rahin (रहन– Mortgagor, one who mortgages his land. 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. The land can be mortgaged with or without possession.
129. Rahin Bakabza (रहन बाकब्जा) – Mortgaged with possession.
130. Rapat (रपट– Mutation. Any entry regarding sale purchase or transfer of land.
131. Saalana (सालना) – Annual.
132. Sabik (साबिक) – Former, previous.
133. Sakunat (सकूनत) – Place of Residence.
134. Salam (सलम) – Completely.
135. Settlement (सेटलमेंट) – Settlement is a comprehensive term that covers all aspects of land survey & measurement, preparation of revenue records and assessment of land revenue.
136. Shajra (शजरा) – A Detailed Village Map that shows all fields with their khasra numbers and boundaries.
137. Shajra Kishtwar (शजरा किश्तवार) – An updated version of Musavi is called as Shajra Kishtwar. It is drawn up on a tracing cloth or tracing paper and is used by Patwari on day-to-day basis to update all changes in field boundaries occurring due to partition, sale etc.
138. Shajra Nasab (शजरा नसब) – A pedigree genealogical table showing succession to ownership rights occurring from time to time in an estate.
139. Shajra Parcha (शजरा परचा) – A piece of cloth on which the village map is drawn showing the position and boundaries of every field.
140. Shamlat (शामलात ठोला) – Shamlat land that belongs to a thola in a Village.
141. Shamlat (शामलात– A land that belongs to a group or a community.
142. Shamlat Deh (शामलात देह) – Shamlat land that belongs to the Village.
143. Shamlat Panna (शामलात पाना) – Shamlat land that belongs to a Panna in a Village.
144. Shamlat Patti (शामलात पत्ती) – Shamlat land that belongs to a Patti in a Village.
145. Shark (शर्क) – East direction.
146. Shumal (शुमाल) – North Direction.
147. Sub-Division (सब डिवीज़न) – A sub division of a district.
148. Sub-Divisional Magistrate (सब डिविज़नल मजिस्ट्रेट) – In-charge of a Sub-Division in a district.
149. Summary Settlement (समरी सेटलमेंट) – This type of Settlement is resorted to a temporary measure for a short period without the help of survey equipment. Only a KHAKA DASTI (Hand Sketch) is prepared till the regular Settlement is carried out. No presumption of truth is attached to a summary Settlement.
150. Tabadala (तबादला) – 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.
151. Tabdeel Malkiat (तब्दील मलकियत) – This type of mutation is carried out after the settlement of dispute by some court. This is also known as decree by court (Ba Hukam Adalat).
152. Taccavi (तक्कावी– Loan granted by a Government to landowner for agriculture purposes.
153. Takseem (तकसीम) – 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 landowners or when court directs the partition.
154. Takseem Khanagi (तकसीम खानगी) – Partition of land by the family.
155. Taksim Ba Hukam Adalat (तकसीम बाहुकम अदालत– Partition of land by order of court.
156. Tarmeem (Revised) Settlement (तरमीम सेटलमेंट) – Under this type of Settlement only amendments are carried out without resorting to any measurement.
157. Tarmeem (तरमीम) – Amendment, Revision.
158. Tatima (ततीमा) – Division of Plots.
159. Tatima Shajra (ततीमा शजरा) – Map prepared after division of plots, showing separate plots.
160. Teen Chaharam (तीन चहाराम) – Three-fourth portion of harvest.
161. Tehsildar (तहसीलदार) – In-charge of a tehsil.
162. Tihai (तिहाई) – One-third portion of harvest.
163. Varsal (वरसाल) – A type of Mutation caused by either death or will of a person.
164. Virasat (विरासत) – Inheritance.
165. Waldiyat (वल्दीयत) – Father’s Name.
166. Walid (वालिद) – Father.
167. Walida (वालदा) – Mother.
168. Waris (वारिस) – Heir.
169. Wasil Baqi Nawis (वासल वाकी नवीस) – Revenue Accountant in the Tehsil.
170. Wattar (वत्तर) – Diagonal Line.
171. Zamindar (ज़मींदार) – Land Owner.


Monday, October 3, 2016

How to read Revenue Records

Jamabandi, also known by terms like Farhad, Parcha etc., is the most important Revenue Records document. General perception is that reading Jamabandi is a very difficult and can be done by Revenue Officials only.

But that is not the case. It is very important to know what is Jamabandi & how to read it, especially for people in property business or buying or selling properties as an investor. It is also important for people who are in the profession of property loans, whether as a sanctioning or processing authority or consultant. It not only boosts their confidence but also saves them from property related frauds or litigation.

Now talking about Jamabandi, it records number of things. In addition to showing current ownership & possession, it also gives knowledge about type of land, its sources of irrigation if under cultivation, number & type of structures built on it, its location, details of owner/s to name some.

In general a Jamabandi has twelve columns and each represents unique information. Information in some columns is very important and in some not so important. On the top of Jamabandi, information like Hadbast, boundary of village in which property is, Its year, generally it is made after every four years, name of village, tehsil & district are mentioned.

Column 1
This column of Jamabandi is ‘Khewat Number’. It is the number of people currently owning that land. It is written in Black ink. This number can change in next Jamabandi, if land gets new owners during the period. Sometimes a number in Red ink is mentioned in this column and is Khewat Number in last Jamabandi. This is mentioned for reference only.

Column 2
This has Khatauni Number or Number Khatauni. This provides number of persons in possession of land or number cultivators of land. Their description is mentioned in column 5. So the number of people in possession of land or cultivators whose description is mentioned in column 5 of Jamabandi is equal to Khatauni Number as mentioned in column 2.

Column 3
Patti, Numberdar or Taraf are mentioned. This column provides information about physical location of land. In some villages people of particular cast live in a particular area called Patti, so name of Patti gets name as per their cast. Sometime location is identified from the name of Namberdar.   

Column 4
It has details of owners of land. It mentions Name of Owner/s, His/her Father & Grandfather Name. Name of Grandfather is mentioned to ensure details don’t get mixed up with any other person in village. So number of owners is mentioned in Column 1 and their details in Column 4. If owner is adopted one then term ‘Matvana’ is used. If land is in name of Panchayat/trust/wakf board/shamlat, common land of village, then their name is mentioned in this column. In cases where land was sold/gifted/transferred in last Jamabandi, same is also mentioned in this column. If transaction is done in current Jamabandi then it’s entry is made in Column 12 called Remarks Column. If this happens then description in Column 12 is final and Column 4 carries no weight.


Column 5
As mentioned above, details of people in possession or cultivators of land in mentioned. If owners, as mentioned in previous column, and people in possession or cultivators of land are same then term ‘Khudkast’( kast means cultivation) va Makjoba Malkan’ is mentioned. If both are not the cases then term ‘Gair Marusi’ means ‘Temporary Unauthorized Possession of Land’ as ‘Kache Mujahire’ is mentioned. If there is permanent unauthorized possession then it is called ‘ Gair Dakhildaar’.

Column 6
Things like Naam Chah etc. are mentioned. These are not very important.

Column 7
It has Khasra Number. This is a very important column of jambandi. Khasra Number is the account number of property in revenue records. This generally remains same in all Jamabandis. If say Khasra No. 1 is divided in two parts it will become Khasra Number 1/1 & 1/2. If say Khasra Number 1/1 again gets divided in two parts then it will become 1/1/1 & 1/1/2 and so on.

If land measurement is in Kanal & Marla system then first Murrabha/ Mushkeel/ Rectangle number is mentioned in Red Ink, underlined by two parallel lines and then Khasra Numbers are mentioned in Black Ink. If it is Bigha & Biswa system then only Khasra Number is written in Black ink. Totla number of Khasras are mentioned in the end as Kittas. Means if there were 20 Khasras in one Khewat then in the end it will be 20 Kittas.

Column 8
In this total area of each Khasra is mentioned. Mostly the maximum area of one Khasra is 8 Kanals or 1 Acre.  But when land is un-cultivated, hill or desert then area of one Khasra may exceed one acre. Type of land is also mentioned below the area of Khasra.

If the land is not under cultivation or there is some building constructed over it then it is called ‘Gair Mumkin’. When irrigated by well/s it is called ’Chai’, when by a canal then ‘Nehri’ or ‘Abbi’. When it is dependent on rain for irrigation then ‘Barani’ is written. In some Jamabandis direction of land is also written like when facing east then ‘Charda’ and ‘Neevan’ for west facing. ‘Pahar’ for north facing & ‘Dariya’ for south facing.

It should be noted here that total area of a Kitta should be equal to areas of Khataunis in it and areas of Khataunis should be equal to areas of Khasras in it. Khasra area can’t change as total land remains same.

Column 9, 10 & 11
Details of Lagan etc. are mentioned but these are not very important from a transaction purpose.

Column 12
This is the most important column of a Jamabandi. It is the remarks column as mentioned above also. Any change in ownership of land in mentioned in this column. Entry in this column tells the ownership of land. Entries in this column are made in Red inks. Every entry has a specific reference number called ‘Intkaal Number’ or ‘Rapat Number. All transactions pertaining to land like sale, purchase, gifting etc. are mentioned in this column. In the next Jamabandi these entries are transferred to Khewat or Khatauni column.

The common practice for entry in this column is in the following sequence. ‘Baruae Rapat’ or ‘Intkaal Number’( reference number), date, transferor name, Bahak or Bae(sold)/ Rehan(pledged)/Aadrehan(without possession)/ Hiba(Gifted)/ Vasihat(will) etc, Khasra Number, Kul(Total) Kitta & it’s area, Banam( in the name of) which can be buyer or Bank etc., Rakam( amount), Kar Diya Hai( Have done it). These are followed by signatures of Patwari or Revenue Officer.

At the end is an undertaking by Patwari/ Revenue Officer as ‘ Tasdik Kiya Jata hai Ke Nakal Mutabik Asal hai’ means it is a certified true copy. Sometimes fees paid by applicant for this copy are also mentioned. These days computer generated attested copies are being given at many places.

But still Patwari record is considered to be more authentic & updated. It is recommended that when purchasing a land, one should get its entry updated in Patwari records. After entry keep a copy of same for your records.

As a general practice once sale Deed is registered in Registrar office, it’s entry is made in Intkaal register and a copy of same is issued. Then its entry is made in Rojnamcha(Daily Diary) of Patwari after this he makes entry in Jamabandi. Until the entry is made in Jamabandi chances of double sale/mortgage to different banks/charge over same property or occurrence any other fraud on property can be there.

Hence entry of Mutation(Intkaal) in Jamabandi of Patwari is very important. In case of double sale of a property, person having first entry has first right. When sold land is from multiple Khasras then details of Mutation are mentioned in Khewat, which has maximum area of sold land and in rest of Khewats only the reference number is mentioned in rest of Khewats. So it is advisable to check complete details of that Mutation Number. Ignoring this may have severe consequences and can even drag property to dispute.

So these are some basics of Jamabandi.  Terminology may vary from state to state. But this terminology is more or less common in northern states of country like Punjab, Haryana, North Rajasthan, Jammu & parts of Himachal Pradesh. 

Sunday, October 2, 2016

Purchase of Land in a Village: Legal Checklist & Procedure



Owning a property is a very important event in one’s life. But, one needs to be careful while buying a property to avoid falling into legal hassles. When we talk of buying Land & that too in a village, a number of things need to be checked to confirm that the land has a clear and marketable title. The legal status of the land is one of the first issues that should be addressed before closing deal.

So given here under is the list of documents we need to check & procedures:

         Title deeds
The first step is to see the title deed of the land, which you are going to buy. Confirm whether the land is in the name of the seller and full right to sell it lies with him. It is better to get the original deed checked by a lawyer. This is to check details like whether the seller has allowed any entry/access to others through this land and whether any other fact has been suppressed/left undisclosed by the owner of the land.

Along with the title deed, you can also demand to see the previous deeds of the land available with the seller. In some cases, more than one person may own the said land. If it is so then get release certificate from the other people involved.

Encumbrance Certificate
Before buying land, it is important to confirm that the land does not have any dues. Obtain a certificate called encumbrance from the sub registrar office confirming if the said land has any legal dues and/or complaints pending. Normally an encumbrance certificate has record for the past thirteen years, but you could demand the 30 years encumbrance certificate.

Pledged land
Some people may have taken loan from the bank by pledging their land. Ensure that the seller has paid back all the amounts due, before you make him final payment. Ask for a release certificate/NOC from the bank, which say that all the debts over the land have been cleared.

Measuring the land
It is advisable to get the land measured & demarcated before making final payment & getting land registered in your name. Take the help of a approved surveyor or Patwari (land record clerk in a tehsil or sub-Division) to ensure that the measurements of the plot and its borders are accurate. You could also take the survey sketch of the land from the survey department and compare for accuracy.

Purchasing land from NRI landowners
An NRI can also sell his land in India by giving a Power of Attorney to a third person authorizing him the right to sell the land on his behalf. In such cases, the power of attorney should be witnessed and duly signed by an officer in the Indian embassy in his province.

Power Of Attorney
Power of Attorney is the power given to an agent by the principal to execute several acts and deeds for and on behalf of the principal. Stamp duty payable to get Power Of Attorney registered depends on the nature of power given.

When ‘power’ is given for multiple acts in multiple transactions it is called General Power of Attorney. It is always advisable to have a registered GPA with the person signing sale documents while registering an immovable property in order to give get clear/undisputed title of the property. When ‘power’ is given in respect of a particular act pertaining to one transaction it is called Special Power of Attorney.

Agreement
Once all the matters, financial & others are settled between the parties, it is better to give an advance and write an Agreement To Sell. This ensures that the owner does not change his word regarding the cost as well as make a sale to someone else who offers more money.

The agreement should be written in Rs.50 stamp paper. The agreement should state the actual cost, the advance amount, the time within which complete payment should be made and how to proceed in case of any default from either parties, to cover the loss.

The agreement should preferably be prepared by a lawyer and signed by both the parties and two witnesses. After signing the said agreement if one of the parties makes a default, the other party can take legal action against him.

Stamp Duty
It is tax, like any other tax and must be paid at the time of making final payment & getting Sale Deed registered. Only a Stamp Duty paid document is considered a legal document.

Stamp duty is a State subject and hence rate would vary from state to state. When an agreement is to be stamped, it needs to be unsigned and undated one may execute the agreement only after the Stamp Office affixes stamps on the agreement.

   Registration
Registration is the process of recording a document in the office or registrar & transferring the title of immovable property to buyer. It acts as proof that a transaction has taken place.

A draft should be prepared before actually writing the document on Stamp Paper. Registration is done after the parties execute the document. The agreement should be registered with the Sub-Registrar of Assurance under the provisions of the Indian Registration Act, 1908 within four months from the date of execution of the document.

Make sure all the details mentioned are accurate. Original Title Deed, Previous deeds should be handed over to buyer. Two witnesses are needed for registering the property. The expenses involved during registration include Stamp Duty, registration fees, Document writers/ lawyer’s fees etc. Make sure that the deed is registered within the time limit mentioned in the agreement. Stamp duty should be paid prior to the Registration.

Changing the title in Village office
The whole legal procedure of buying the property will be complete only if the new owners name is added in the village office records. An application should be made along with the copy of the registered deed to the Village office to get this done.


Purchase of property is a lifetime investment. A lot of care is needed from the beginning- right from site seeing till the registration of the land. Ensure that all documents of title are scrutinized for marketability with due care by an experienced advocate.