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. 

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. 

Real Estate Investing Strategies-Choose the Right One

Buy & Hold

This perhaps is the most common investing strategy. The "Buy & Hold” strategy means purchasing a property and then either renting it out, living in it or just locking it for a longer period for appreciation. This probably is the simplest form of Real Estate investing. Essentially, a "Buy & Hold” investor prefers to create a source for recurring income by renting the property. Or he simply holds the property until it can be sold for a gain in future. Major advantages of this strategy is that  during the time that you hold the  property or rent it out, the loan is paid each month, thus decreasing your liability and increasing equity in the property.

One of the most important things for a new “Buy & Hold” investor to understand is how to evaluate deal. The most common mistake that new investors make is paying higher amounts because they don't understand property valuation properly. Other common mistake is underestimating expenses, making wrong decisions on tenant selection, and/or failing to manage property properly. These mistakes can very well be avoided if you simply learn the business. Jumping in without proper education & knowledge can be problematic both financially and sometimes legally also.

For proper & profitable “Buy & Hold” strategy, one should learn how to properly evaluate a property based on different factors like Location of property, its condition, market rate, market condition and may be returns on same. An intelligent investor is one which knows when Real Estate market is at its low, means prices are low & inventory is high. He buys and holds property. When the market becomes over-heated, an experienced “Buy & Hold” investor stops buying and waits for things to cool down. During slowdowns they simply continue to hold their properties. Some “Buy & Hold” investors never sell a property easily, instead choose to clear the loan and live on the cash flow from rentals.

Check the Image below for an example of how Real Estate cycle works:

There is much more to “Buy & Hold” than we can visualize. But if you can learn how to evaluate and buy good deals, find quality tenants and manage property well, you will be on your path to creating wealth from this market.

Flipping Real Estate

Another popular strategy for making money in Real Estate, is flipping properties. House flipping is the practice of buying a property at some discounted price, renovating it and then selling it at a higher price. In reality, the flipping model is quite similar to "Buy Low & Sell High" model.

The most popular type of property to flip is the single family home. Following a Thumb Rule, popularly known as 70% rule, an experienced house flipper will buy a home for 70% of its current value less the money required for renovation, improves it and sells at full price.  For example: Home-A should be worth Rs.1 Crore if it were in good condition, but it needs Rs. 20 Lacs for improvement/renovation. A typical house flipper will purchase the home for Rs.50 Lacs (1 Crore x 70% - 20 Lacs) and sells it for the full value i.e. Rs.1 Crore after full renovation. This is simply a Thumb Rule, and actual numbers may vary from case to case

One of the key factors in flipping a property is speed. A Property Flipper will attempt to buy, rehab and sell the property as quickly as possible to ensure maximum profitability and to avoid expensive carrying costs. These carrying costs include monthly bills such as financing interest, property taxes, utilities and any other maintenance bills etc.