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Pokkuvaravu - James Joseph AdhikarathilTransfer of registry PPT.ppt.pptx

  1. SMART LAND LAW SERIES. TRANSFER OF REGISTRY RULES 1966 T. James Joseph Adhikarathil- 9447464502
  2. LIFE IS SIMPLE & SMART. God made us plain and simple, we have made ourselves very complicated. Bible.
  3. Collection of land tax is a Simple process. 1. Collection of Land Revenue is the primary responsibility . VOM 2. Land Tax has to be realized from the Real Land Holder. S.5 & 3 Kerala Land tax Act. 3. Pokkuvaravu will not create ownership. S.16 TR Rules.
  4. Collection of land tax is a Simple process. 1. Collection of Land Revenue is the primary responsibility . VOM 2. Land Tax has to be realized from the Land Holder. S.5 & 3 Kerala Land tax Act. 3. Pokkuvaravu will not create ownership. S.16 TR Rules.
  5. S-M-A-R-T governance  Specific.  Measurable  Achievable  Result oriented  Time bounded.  Smart meetings/ mahazar/stop memo.
  6. GATEWAY TO SMARTNESS 1. You cannot live a positive life with a negative mindset….Check your attitude.. 1. Protect the interest of state and citizen. 2. Collect tax of Assessed Land. 3. Maintain Land Records. 4. Service Delivery.
  7. GATEWAY TO SMARTNESS 2. Follow the principles of Natural Justice. 1. Right to be heard. S.14 &16.summary enquiry. 2. Right to get a Reasoned reply. S.4.6
  8. GATEWAY TO SMARTNESS 3. S-M-A-R-T Reports.  Property with valid document.(s.7.iii)  Well defined boundaries. (S.7.iv)  Undisputed possession.  Free from PURAMBOKE. Tabular form./metric measures.
  9. REPORTS. If any complaint or application regarding payment of Land Tax cannot be resolved by the village officer he shall send report to Tahsildar within 30 days after enquiry - verifying the Land records and inspecting the land . VOM S.61, Rule 10 KLT, S.15 TR rules.
  10. GATEWAY TO SMARTNESS. 4. S-M-A-R-T document verification.  Whether it is registered under any law of the land.  Whether the transaction is prohibited against the interest of the state/law .  Whether the land, seller and buyer is identifiable.  Whether the document is challenged before a civil court ?
  11. GATEWAY TO SMARTNESS. 5 S-M-A-R-T Land verification.  Whether the land is dispute free ?  Whether the land falls under prohibited category ?  Whether the land has well defined boundaries ?  Whether the land agrees with document ?  Physical possession of applicant. residence/building/ boundary/cultivated/ developed….?
  12. GATEWAY TO SMARTNESS. 6.S-M-A-R-T Maintenance of records.  Updated LAND RECORDS.  Sub division sketches.  Encourage the customer to register document with sketch.  Updation of remarks in registers.  Digitisation.
  13. GATEWAY TO SMARTNESS. 7. SMART enquiry.  Avoid un necessary statements.  Statements/affidavits only in white paper.  Death/birth certificates are available in the LSG site.  You should have information points.  Use technology. ( social media, GPS)  Collect UID number/mob number.  Notice only in statutory cases.
  14. Denial of land tax payment …? The land tax from a thandaper holder should not be denied without the order from court or quasi judicial authorities. VOM – S. 61.
  15. Responsibility of a village officer. Collection of Land Revenue is the primary responsibility of a village officer. VOM – S. 61. If the payment of Land tax is defaulted for 3 Consecutive years, It shall be the responsibility of village officer to meet the thandaper holder and collect the tax with arrears. VOM S. 61
  16. Responsibility of a village officer. 1. Collection of Land Revenue is the primary responsibility of a village officer. VOM – S. 61. 2. It is his duty to collect the basic tax on demand and issue receipt. VOM- S.54 3. Single receipt and single thandaper for the entire land in a resurvey block. VOM –S.54 4. Land tax can be received from the family members of the thandaper holder. Receipt shall be issued noting the name of the thandaper holder and remitter in the relevant columns of of the receipt. VOM – s. 54
  17. TRANSFER OF REGISTRY RULES 1966. It is the process of determining the land holder responsible for paying land tax. Ideal Situations. 1. Document. 2. Possession. 3. Well-defined Boundary. s.12.4 4. Free from Puramboke.
  18. Transfer of registry originates…...  Application from the Land Holder.  Request from the SRO.  SUO MOTO action by VO. 3(c) – It shall be the duty of the VO ,whenever a pattadar dies, to report the fact to Tahsildar with the name of legal heirs………..
  19. 5. Pokkuvaravu situations. 1. By voluntary transfer of title- The document should bear saleable right. (Registrar should send the copy of the document to VO online) 2. By virtue of decrees of Civil Courts or by revenue sales 3. By succession(No document) 4. By transfer in favor of a person proving title by adverse possession for 12 years or more (No Document) 5. Civil Death. Rule 27(2) (No Document)-
  20. TRANSFER OF REGISTRY RULES 1966. Land Tax shall be paid by the Land Holder. Section 5(2) KLT Act. Who is a land Holder….? 1. Cultivating Tenant. 2. Kanam Tenant. 3. Registered land holder. ( thandaper holder- document holder). 4. Legal heirs of the Registered land holder.
  21. Ownership…? 1. Right to use a thing. 2. Right to exclude others from using the thing. 3. Right to dispose of the thing. 4. Right to destroy the thing. Possession is a fact while ownership is a fact and right.
  22. Possession. Possession means custody or control. It supports the title of ownership Kinds of Possession. 1. Possession in fact: The actual or physical possession of a thing is called Possession in fact. Also known as de facto possession. It indicates physical control of a person over a thing. There may be a physical relation with the object and the person. That physical relation or control need not be continuous. 2. Possession in law: Possession which is recognized and protected by law is called Possession in law. It is also known as de jure possession it is a possession in the eye of law.
  23. Possession. X Ownership. 1. Possession is a law of fact X Ownership is law of right. 2. Possession doesn’t give title X Ownership gives title. 3. Possession tends to become ownership X Ownership tends to realize into possession. 4. Elements of Corpus and animus are necessary X They are not necessary as ownership gives full right. 5. Transfer is easy X Process is to be followed for transfer.
  24. IS DOCUMENT AN ESSENCIAL FACTOR…? There are situations in which pokkuvarvu has to be done in the absence of DOCUMENTS. 1. Succession by heirship ( Rule 27(i) ) 2. Civil death . (Rule 27(ii) ) 3. Adverse Possession. (Rule 28)  In all other cases documents which upholds saleable right of the transferee need be mutated. Rule 14(5).  Series of transactions connecting the transferor with the pattadar must be ascertained. Rule 14(i)……..BUT
  25. Objectives of Transfer of registry rules 1966... RULE 16- Pokkuvaravu is an arrangement for FISCAL Purpose. It does not affect the legal right of any person. Dispute on title has to be decided by a civil court. CAUTION..!  Government land (puramboke) shall not be mutated)  Pokkuvaravu should not support a fraudulent transfer of Land.
  26. TIME Limit... 1. Acknowledgment of application . Max 7 days. 2. Disposal within 15 days . 3. Report to tahsildar within 15 days. 4. Reply to notice within 15 days. 5.Appeal within 30 days .
  27. AUTHORITY TO EFFECT MUTATION.  Cases without sub division( VO)  Sub division cases.(Tahsildar)
  28. Pokkuvaravu Process..7 stages.  The applicant submit application to VO along with copy of the document& PV fee is accepted. OR Request in Form 1B is received from the SRO (online)  Village officer issues receipt /accept fee and the details and entered in the Pokkuvaravu Register.  In online PV fee need be realised at the occasion remitting Basic Tax after PV.  Enquiry is conducted.  A- Form is prepared by VA/SVO.  Approval of A form.  Making Changes in the Thandaper Register.  Making necessary entries in the Pokkuvaravu register. PV Fee need be realised during the first remittance of Basic Tax
  29. Bad Practices - 1. Asking for Encumbrance certificates. 2. Misakes of survey number in adharam/will. 3. Bhaga pathram - Non inclusion of parties. 4. Wrong entries/ remarks in Thandaper. 5. Non availability of Land records. 6. Un necessary reminders. 7. Reply without stating reasons. 8. Denial of service without stating reasons. 9. Resurvey – irregularities.
  30. Changes in the Thandaper Register.  Enter the Pokku vivaram in the pokku thandaper by VA/SVO  Attest the entry by noting date/ name/designation.  Enter the Varavu vivaram in the varavu thandaper by VA/SVO  Attest the entry by noting date/name/designation.  Submit both thandaper along with A form to VO.  VO counter sign the attestation by noting his name and designation.  Thadaper must be unique.  No scope for Soonya Thandaper.
  31. Thandaper must be unique-Rule 23 The thandaper number shall run consecutively except in the case which transferee is already a thandaper holder.
  32. Rule 27.( i)Transfer of title by succession (ii) Succession in case of disappearance of TP holder……  Local enquiry report of the VO.  Notices to the parties interested.  Rule 10 procedure.(15 days notice in Site-VO-Lsg)  Hearing of the parties aggrieved.  If a person informed that he has challenged the claim on the ground of a court he shall file a declaration with copy of the plaint within 3 months) such cases mutation should be done according to court decision.
  33. Rule 27. (ii) Succession in case of disappearance of TP holder……CIVIL DEATH.  Disappearance for more than 7 years.  Local enquiry report of the VO.(no evidence to show that the TP holder is still alive).  Mutated in favour of the legal heirs.  If there are no legal heirs mutation may be done in favour of the applicant if he has undisputed possession after publishing in the GAZETTE..  Rule 10 procedure.(15 days notice in Site-VO-Lsg)  Hearing of the parties aggrieved.  If a person informed that he has challenged the claim on the ground of a court he shall file a declaration with copy of the plaint within 3 months) such cases mutation should be done according to court decision.  Proof of possession- FIR/tax receipts/Bills/  But absence of above proof never in validate the claim – Tahsildar can rely upon enquiry report of VO /mozhy.
  34. Rule 28. Adverse possession  Uncontested/ un challenged/ continuous Possession of assessed land for 12 or more years.  Rule 10 procedure must be observed.
  35. Pokkuvaravu of Land belongs to NRI. 1. No obstacles for mutation of land of Indian citizens working abroad. 2. Citizens possessing overseas citizen card can acquire land except agriculture land, plantation and farm houses. Other legally acquired land can be mutated.
  36. POKKUVARAVU OF WILL. 1. REGISTERED WILL. 2. UNREGISTERED WILL. (Both have equal legal sanctity.) A will need not be registered. S.18 registration act) REGISTERED WILL. 1. WILL – Adayalasahitham pakarpu. 2. Death certificate. 3. Non Liability Certificate. 4. POSSESSION. UNREGISTERED WILL 5. Declaration (last and final will of the testator) 6. Notice to affected parties and witness. (Rule 10 procedure.)
  37. NATIONAL TRUST ACT 1999 Transaction of lands in which the owner has Autism-cerebral palsy – mental retardation . Transaction should be made according the norms prescribed by the District Level Committee in which DC is the chairman.
  38. Mutation Prohibited cases. 1. Purchase of SC/ST Land– permission from district Collector is required. 2. OLHC transaction- Permissible only in extraordinary situations. 3. Premature disposal of pattaya land - prohibited. 4.Transaction of prohibited lands ,. - mutation prohibited. 5. Minor property. - court permission required.
  39. What can we do…?.  Encourage sketch by a pvt surveyor in the document.  Encourage setting up boundaries.  In PB cases, direct the applicant to plant survey stones.  Citizen is the Best Custodian…issue a copy of the sub division sketch,proceedings to the land holder also.  Issue pattayam after pokkuvaravu.
  40. Encourage sketch of licensed surveyor in documents…..Registration Act s.21.  21. Description of property and maps or plans (1) No non-testamentary document relating to immovable property shall be accepted for registration unless it contains a description of such property sufficient to identify the same.  (4) No non-testamentary document containing a map or plan of any property comprised therein shall be accepted for registration unless it is accompanied by a true copy of the map or plan, or, in case such property is situate in several districts, by such number of true copies of the map or plans as are equal to the number of such districts.(give 3 copies of the map in legal size paper) Is an error in survey number a problem…?
  41. What can we do…?.  Avoid reminders…encourage inter personal relation ship.  Reports must be S-M-A-R-T.  Issue notices only in statutory cases.  Maintain stockfile uptodate .  All application must be received by V O.  Application must contain Telephone number.  Noting UID number/Telephone number in the Thandaper.
  42. What can we do…?.  There shall be proper work distribution in villages..  An officer need be relieved only after handing over charge of Pokkuvaravu records.  Citizen is the best custodian.  Issue pattayam only after effecting transfer of registry.  Complete post award action in LA cases.
  43. ERROR IN Sy Number.
  44. TRANSFER OF REGISTRY RULES, 1966.  Pending revenue Recovery proceedings is not a BAR for effecting pokkuvaravu
  45. ONLINE POKKUVARAVU  Request in Form 1B and scanned document is recieved from SRO. OR  VO scan the request/document/Report and uploaded.OR  Orders of TR from Tahsildar/subdvn sketch scanned and uploaded by VO.  Entries made in PV register in all the above cases.  A form is prepared online/enquiry report by Va …..sent to VO  VO passesses NIL cases and sub dvn cases sent to Tahsildar.  Tahsildar(dy tahsildar ) approves TR and records returned to VO.  Thandaper/TV registers are updated.  One approved copy odf a form signed by VA/VO printed and kept in SF.
  46. .  Do you have the right to make Loan details in The Thandaper and deny tax/TR..?
  47. . SC/ST land transferred Without permission cannot be mutated.
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  55. James Joseph Adhikarathil Facebook Pages  Pokkuvarvu.  Kerala Resurvey.  Thanneerthadaniyamam.  Michabhoomi.  Kerala Land Conservancy.  Kerala Land Assignment.  Kerala laws on land.  Kerala Registration of land.  Land acquisition India  Kerala Building Tax.  Kerala land relinquishment.
  56. Thank You!!  . James Joseph Adhikarathil, Trainer and Land Consultant Mob - 9447464502