How To Obtain Land Ownership Rights?

The land has been one of the most valuable and indeed finite resources in many countries. It is a resource to consider in an individual's life, security, business development, and national economy. In a country like India, land transactions occur frequently but are often complicated. It is important to know the legalities and procedures involved in property ownership. Whether one buys, inherits, or receives it as a gift, "how to obtain land ownership rights" forms the key to securing one's investment and avoiding future disputes.

This article explores,

• The land ownership rights in India.
• The definition and necessary documentation.
• The step-by-step process to acquire these rights.
• Common pitfalls to avoid, and relevant resources.

What Are Land Ownership Rights?

Land Ownership Rights in India consist of a bunch of legal rights and privileges by individuals or an entity over a piece of land. These rights provide the owner the right to possess, utilize, enjoy, manage, and transfer the land, keeping in view the prevailing laws, regulations, encumbrances, or restrictions that may concern it.

These rights are mainly set up and protected by registered documents as required by the Indian Registration Act of 1908. They are also explained and governed by the Transfer of Property Act of 1882, along with other local land revenue laws and tenancy rules.

Key Aspects

• Right to Possession: This right lets the owner live on and control their land. The Transfer of Property Act, of 1882, talks about how these rights can be transferred.
• Right to Use and Enjoy: Owners can use their land for different activities, as long as they follow local zoning laws. They can also make money from it.
• Right to Manage: Owners can take care of their property, fix it up, and control who can come in.
• Right to Transfer: Owners can sell, gift, mortgage, lease, or give away their ownership rights. This is guided by the Transfer of Property Act, of 1882, and needs to be registered under the Indian Registration Act, of 1908, to be official.
• Protection Against Unlawful Interference: As owners, they can protect against anyone trying to take over or mess with their property. There are legal options for this under different laws, including the Specific Relief Act, of 1963.
• Right to Exclude Others: Owners can stop others from coming on their land or using it without their permission.

Documents Required For Claiming Land Ownership

The DILRMP, which stands for Digital India Land Records Modernization Programme, is an initiative aimed at rolling out the digitization of land records and integrating them at the national level. Updates on this front may be ascertained from the official website of the Department of Land Resources, Ministry of Rural Development, Government of India.

Further, the documents needed for claiming land ownership in India are:

• Sale Deed: This is a document that shows ownership when you buy a property. It's a legal agreement between the buyer and seller that lays out the deal's terms and makes the ownership official once registered.
• Gift Deed: If you're getting a property as a gift, you need a registered gift deed to prove ownership.
• Will/Probate: If you inherit property, you need a registered will or a probate order from a court that validates it to transfer ownership to the heirs. If there’s no will, you might need succession certificates and other legal documents to show who the heirs are.
• Partition Deed: When co-owners split a joint property, a registered partition deed outlines how the property is divided, showing each person's share.
• Lease Deed: A lease deed lets someone use and occupy a property for a certain time, but it doesn’t give ownership. It outlines the rights and duties of both the tenant and landlord.
• Mutation Records (Jamabandi/Khatauni): These records keep track of current ownership information from the state revenue department. Mutation updates these records after ownership changes.
• Property Tax Receipts: Paying property taxes regularly helps show that you possess the property.
• Encumbrance Certificate: This document, which you get from the sub-registrar's office, verifies if there are any debts or claims, like mortgages, against the property.
• Land Survey Documents (e.g., Title Maps, Cadastral Maps): These maps are important for showing the exact boundaries of a property and can help solve disputes.
• Patta/Record of Rights (ROR): This document from the state revenue department lists details about the land, the owner's name, and other info, though the name and format can differ by state.

How To Get Land Ownership Rights?

The process of land acquisition is systematic to ensure that it is in accordance with the law and that proper records are kept.

Step-By-Step Process To Obtain Land Ownership Rights

The process for obtaining land record rights is as follows:

Title Verification

Before the acquisition of any property, one should invariably do a thorough title verification. Title verification is the process of checking the chain of ownership documents for that specific property to ensure that the seller (or the transferor) has an unencumbered and marketable title, without any encumbrances or disputes.

• Looking for Land Records: Go to your local sub-registrar's office and the land revenue department to check out the original ownership papers and recent changes.
• Getting an Encumbrance Certificate: Get an EC for the right time frame to see if there are any registered claims or debts on the property.
• Public Notice: Publish a notice in the newspapers to see if anyone has claims or concerns about the transfer.
• Legal Scrutiny: Hire a good lawyer to review all the documents and give you advice on if the title is legit.

Document Preparation

Upon clearance and verification of the title, the next step will be the preparation of the necessary legal documents for the transfer of ownership. These often include Sale Deeds, Gift Deeds, Partition Deeds, and other related conveyancing deeds, all of whose contents must conform to the Transfer of Property Act, 1882, and other applicable laws. It is highly advisable to involve a lawyer in drafting such documents.

Property Registration

Section 17 of the Indian Registration Act, 1908, states that registration of the conveyance deed is must for conferring valid ownership upon immovable property.

• Paying Stamp Duty: Stamp duty is a tax that state governments charge when property changes hands. The amount you pay depends on where you are and the property's value.
• Paying the Registration Fee: You'll also need to pay a fee at the sub-registrar's office to record the transaction.
• Bringing the Right Documents: Both the buyer and seller, along with two witnesses, need to go to the Sub-Registrar to register the deed. Don't forget to bring original ID proofs and photos.
• Signing and Thumbprints: Everyone involved, including the witnesses, has to sign the deed and give their thumbprints while at the Sub-Registrar's office.
• Getting Your Registered Document: Once everything is checked and recorded, the Sub-Registrar will give you a receipt. You can pick up the original registered document after a certain time.

Mutation of Property

Land records maintained by the State Revenue Department are updated when a transfer happens to incorporate the new ownership. There are many reasons why this step is critical:

• Revenue Register: It makes sure that Property Tax and other Govt. Chases are not levied on wrong person.
• Evidence of Possession: Mutated records are very important evidence to hold the ownership.
• Future Business: You would need updated land records for any further deals you do on the property. The mutation is usually done by applying to the local revenue department (Tehsildar Office ) along with a copy of the registered sale deed and other documents. After this, the revenue authorities will probe and, on perusing the records, acknowledge the fact and update it (Jamabandi /Khatauni).

Updating Land Records

Apart from mutation, it should be ensured that all other land records are also updated with the fresh ownership details. It involves updating the Record of Rights (ROR) and getting a new Patta in favour of the new owner. The steps to do this differ by state, but may also entail applications and supporting documents to the state revenue authorities.

Cost Breakdown (Mention All Relevant Charges)

The costs associated with acquiring land ownership rights comprise multiple elements:

• Property Value: The primary cost is the negotiated price of the piece of land.
• Stamp Duty: This will usually be a significant cost depending on the state you are in and the value of the property involved, as well as the relationship between you and the other party. Stamp duty can be anywhere from a few percent of the purchase price to a significant percentage of the value.
• Registration Fee: This fee will be less than the stamp duty, as it is charged by the sub-registrar's office for registering the conveyance deed. This is generally a fixed fee or a very small percentage of the value.
• Legal Fees: Hiring a lawyer to ensure the title is verified, draft the contract to purchase, and assist in the transfer of the land ownership will incur fees, as does hiring a lawyer who is more experienced, in addition to a more complicated transaction/historical property transfer.
• Mutation Fee: A very small fee charged by the revenue department for the mutation of the records.

List Of State-Wise Government Portals For Land Ownership

Common Mistakes To Avoid

When it comes to obtaining land ownership rights, there are many legal and procedural steps that must be followed, and if they are neglected, it can lead to problems or loss of money.

• One common mistake is not doing a complete diligence on the title to the property, and just relying on the seller's representations as to the proper title.
• Many buyers also execute sale deeds without registration, leaving the transaction legally incomplete. Another mistake is not being aware of constraints, such as loans or liens, on the property prior to making the purchase.
• Some buyers forget to update the land records after the purchase, thus creating issues with non-mutation of the land records form legal ownership.
• If the title to the land includes boundaries that the buyer did not check against official survey records, the buyer will often find themselves embroiled in boundary disputes.
• Some buyers unknowingly get into trouble when they deal with unregistered or unauthorized property agents. Some buyers are unaware of the local land laws or the procedures that they must follow.
• Finally, it is also common that the buyer delays in registering the purchase with the Government or fails to request all original documents for verification of ownership rights.

Conclusion

Buying land in India is not just a transaction; rather, it requires a real understanding of legal rights, documentation, and state procedure. From property title to deed and updating land records, these are some of the deeds required for establishing secured and recognized ownership. Learning 'how to get land ownership rights' in the right way and avoiding certain pitfalls is the best way to avoid getting yourself into a corner of complex legalities and loss of money. Such digital government portals enable one to access and update land records and glide through one's property journey with amazing confidence. Possession of the first home or management of inherited property requires knowledge and legal assistance when needed to make the process easier.

FAQs

A few FAQs on how to get land ownership rights are:

Q1. What is the most important document to prove land ownership in India?

The registered Sale Deed is generally considered the most crucial document to prove ownership of purchased land in India. For inherited property, a registered Will or a Probate Order is vital. Additionally, updated mutation records (Jamabandi/Khatauni) corroborate the current ownership.

Q2. What happens if a property is not registered in India?

An unregistered property transfer document does not confer valid ownership under Indian law (Section 17 of the Indian Registration Act, 1908). The buyer will not have a legal title to the property and may face difficulties in future transactions, obtaining loans, or resolving disputes.

Q3. Can I get a loan against property that is not in my name in the government records?

Generally, it is very difficult to obtain a loan against a property if your name is not officially recorded as the owner in the government land records (mutation records). Banks and financial institutions rely on these records to verify ownership and establish collateral.

Disclaimer: The information provided here is for general informational purposes only and should not be construed as legal advice. For personalized legal guidance, please consult with a qualified family lawyer.