land titling kerala

THE FUNDAMENTAL PRINCIPLES OF PROPERTY THE FUNDAMENTAL PRINCIPLES OF PROPERTY TITLINGTITLING

Land Titling Bill, 2010 by

Dr.D Sajith BabuAssistant Commissioner [Revenue] &

Special Officer [Kerala State Land Bank]

Kerala State Land BankKerala State Land Bank

Objective of the Act

TO ISSUE INDEFEASIBLE TITLE TO THE LAND HOLDERS

HOW A PERSON DERIVES TITLE NOW ?

THROUGH A REGISTERED DEED ? NOSection 21 & 22 of Registration Act,1908:Registering Officer can register all documents on land provided sufficient stamp is affixed and execution of deeds with or without transfer of registry afterwards.

THROUGH TRANSFER OF REGISTRY ? NOTransfer of Registry Rules,1966: Even though Transfer of Registry [Pokkuvaravu] is effected it does not confer absolute indefeasible title to a person

THROUGH LAND ASSIGNMENT ? NOKerala Land Assignment Act,1960: All the Rules framed under this assign only conditional pattayams

The only way is through SETTLEMENT

TWO COMPONENTS OF TITLE

SPATIAL DATA: Survey maps created by Department of survey & Land Records

TEXTURAL DATA: Being updated by Department of Revenue through Transfer of registry Rules

An INDEFEASIBLE TITLE can be realized only when both Textural as well as Spatial data are combined in a single document after all verifications

History of survey / resurvey / settlement

YEAR TYPE

1773 AD KETTEZHUTHU

1803 AD KANDEZHUTHU

1837 AD MEASUREMENT USING 10 FEET LONG RODS

1887 – 1904 based on

settlement proclamation

of 24.02.1886

INTRODUCED CENTS & ACRES and for the first

and last time defined FREEHOLD

1905 - 1911 MODERN SURVEY USING THEODOLITE

26.07.1914 GOVERNMENT ISSUED AN ORDER TO LIMIT LRM

WORK ONLY TO POROMBOKE LANDS AND

SUBDIVISIONS RESULTING OUT OF

ASSIGNMENT, TRANSFER OF REGISTRY &

ACQUISITIONS

22.12.1961 THE PRESENT RESURVEY PROCESS STARTED

Why And Whether I Need A Sketch With Side Measurements and Angles ?

We Did Not Ask You For It !!!

Rather We Asked Only Smart Maps

VILLAGE OFFICER

SUB REGISTRA

R

BANKER

ALL OTHERS

GOVERNMENT

What Do I Do with Sketches With Side Measurements & Angles Of Private Persons ?

THEN WHO ELSE WANT IT?

“NOBODY”

Land Titling Act,2010

• On 21st August, 2008, the Union Cabinet took a historic decision to usher-in the system of conclusive titling based on the Torrens system.

• The Union Cabinet also directed the DoLR to draft a Model Titling Law.


Main features of the Bill

The Bill is proposed to be enforced in a modular way. Separate areas may be notified as and when they are ready for titling.

To begin with titling will be voluntary and after issue of notification, interested persons will be invited to apply for indefeasible titles.

Provisional entries to attain conclusiveness after 3 years.

After a period of time (the Bill proposes 5 years) the provisions of the Bill will be made compulsory. This will prevent clandestine reversion to deeds and documents system.


Compulsory intimations to the LTA – by all agencies that affect property titles (Chapter VIII)

Non-compliance of requirements of this Act will render the transfer, grant or creation of title or right or interest void ab initio

The LTA will charge reasonable fees for all services rendered.

Property with no rightful title holder to vest in the Government

Penalties for failure to furnish information, willful concealment of information or deliberate furnishing of false information, willful violation of the Act.

Main features of the Bill contd..


Constitution of a Land Titling Authority

The Land Titling Authority (LTA) is proposed to be created with the powers of a civil court and will perform the following functions:

(a) maintain the Register of Titles, Register of Disputes, Register of Charges and Covenants, Register of Property Valuation and Index of Maps

(b) assign unique property identification numbers to each immovable property in the notified area.

(c) undertake property valuation and provide this information to the citizens

(d) create and operate the Title Guarantee Fund(e) award conclusive and indefeasible property

titles(f) indemnify the entries in the Register of

Titles


The LTA to have four divisions:

A Central Title Registry for the State/UT – the Registry will maintain 3 Registers, viz., the Register of Titles, the Register of Disputes and the Register of Charges and Covenants.

Survey, Settlement and Land Information System – will prepare boundaries of each immovable property within the notified area and give to each a unique property identification number, maintain an Index of Maps and indicative maps and maintain a LIS.

Organizational Structure proposed for the LTA


Organizational Structure proposed for the LTA contd …

Property Valuation – will maintain a Register of Property Valuation with property valuation details for each immovable property in the notified area.

Legal Services & Title Guarantee – will maintain and operate the Title Guarantee Fund and put in place the system for indemnification of the correctness of titles.

The Authority shall guarantee title of ownership of a property with unique property identification number as recorded in the Register of Titles but not the boundaries and areas of the property

The LTA may set up other administrative divisions as per its requirement.


Creation of the Land Titling Tribunal

The Land Titling Tribunal is proposed to be vested with the powers of a civil court but would regulate its own procedure so that it can decide cases faster than a civil court. The jurisdiction of the civil courts will be barred. (i) Main functions of the Tribunal: (a) to adjudicate on claims preferred for payment of compensation from the Title Guarantee Fund/private parties operating the Fund (b) to hear appeals against the orders of the Land Titling Authority regarding provisional titles.(ii) Appeals against decisions of the Tribunal shall lie with the High Court.


Option I

Keeps the title himself, for regular payment of Basic Tax

Takes this to Village Office for effecting mutation in his name for payment of basic tax

Option II

Willing to sell the land

Takes the title to Sub-registrar

Sub-registrar verifies the documents along with title and if transfer of title is involved then Sends Form A to O/o SLTA

Option III

SLTA makes necessary changes in title

registry and informs V.O by changing

common database of V.O,SRO and S.L.T.A

Receives land title from O/o SLTA

Amendments required in the following Acts

The Indian Stamp Act, 1899 The Registration Act, 1908 The Limitation Act, 1963 The Land Acquisition Act, 1894 The Transfer of Property Act, 1882 State Laws – Transfer of registry Rules and

Registration Rules


Relevance of the Act in Kerala

High density of population might pose more pressure on limited land parcels in the days to come

The manual data processing might result in more deliberate / pressure driven mistakes in future

The present re(settlement)survey might become an outdated affair under a hyper sensitized society on land laws, coupled with an activated judiciary

No one wants or require a sketch with side measurements and angle to effect a land transaction including that for bank transactions


Advantage Kerala

The survey might cost dearly to Government as sub-division survey, updation survey and re(settlement)survey will be more expensive and cumbersome in future

The proposed BHOOREKHA in the revised NLRMP for Kerala can be pushed as the LAND TITLE as we have gone far ahead in 573 resurveyed villages. This indefeasible title can be issued by STAK [State land Titling Authority of Kerala] following the " osmosis principle “ at the first instance and from the second time onwards it should happen without any outside push of the system


Modus operandi of State Land Titling Authority of Kerala

Ist (a) STEP: Survey only Government lands and

publish the details in the website

www.kslb.kerala.gov.in along with Geo-Referenced

sketches as per section 4 of the Survey &

boundaries Act,1961

Ist (b) STEP : Computerise all the textural data

within a month in a village with a cut off date

and introduce online transfer of registry

IInd STEP : Geo- Reference adequate control

points at appropriate distances in village

towards issuing geo-referenced sketches on

specific requests

http://www.kslb.kerala.gov.in/

COMMON LAND DATABASE

VILLAGE OFFICE

O/o The Addl. Tahsildar

2. PREPARES APPLICATION FOR THE LAND TRANSACTION

1. GETS BHOOREKHA

WWW Public access

Or

SRO

Akshaya Center

Verifies the data entry with TP number from the common land database

PartWhole

Online Land Tax

Payment

Data access to other departments

Sends the processed applicaation for verification of SRO

Verifies the data entry with TP number from the common land database

Advantage Kerala

Inventory created by Kerala State Land Bank may be enriched with more geo referenced surveys by invoking Rule 82 of Survey and Boundaries Rules, 1964

The total station survey teams with Kerala Land Information Mission [KLIM] may be given the task of establishing adequate Control Points for geo-referencing any parcel of land towards issuing the same on specific requests by the interested parties

The LAND TITLING AUTHORITY can be set up as an umbrella organisation of KLIM & KSLB along with the Tribunal to be formed. As with the mandatory Form A [See Rule 15 of Transfer of Registry Rules] and through online mutation the registration can be perfectly reflected in the mutations under the mirror principle of Torrance, it does not matter whether party bothers to intimate the transaction to the Revenue authorities or not


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Thank you

Dr. D. Sajith BabuAssistant Commissioner [LA] & Special Officer, Kerala State Land BankMobile:09447271243 Email.:[email protected]:0471 2328441

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