Person CANNOT sell ANY land only on basis of entries in the Revenue Records. ONLY a "Conveyance Deed" (Sale Deed /Gift Deed /Release Deed / others .... ) are legally entitled to sell their property. Person merely in usage or having cultivating rights do NOT derive right to sell such property.
Does having name in Jamabandi as Kashatkaar means ownership of the property?
Does having name in Jamabandi as Kashatkaar means ownership of the property? Can someone who has his name listed as Kashatkaar in Jamabandi records since 1982 claims his ownership for the property and the when land nature turned as “gairmumkin” Can you provide Supreme Court ruling on ownership rights on Jamabandi Records of Kashatkaar
Asked 2 years ago in Property Law
Religion: Sikh
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11 Answers
No it’s just a form of mutation and not ownership
Entry in record of rights does not confer title to property
The Apex Court in Sawarni v. Inder Kaur and Ors. set aside the orders passed by the (i) High Court dismissing the second appeal and (ii) Additional District Judge and held that “Mutation of a property in the revenue record does not create or extinguish title nor has it any presumptive value on title.
No
Dear client,
In Indian land records, the term "Kashatkaar" typically refers to a cultivator or someone who cultivates the land. However, being listed as a cultivator in Jamabandi records doesn’t necessarily confer ownership rights to the land. The Supreme Court of India has addressed the issue of rights based on land records in several cases, but it's essential to note that court rulings can vary based on specific circumstances and regional laws. Generally, ownership of land is determined by various factors, including sale deeds, inheritance, possession, and title documents, rather than solely relying on being listed as a cultivator in records.
The Jamabandi records can serve as evidence of possession or cultivation, which may strengthen one's claim of ownership, especially if there's a long history of such cultivation. However, mere mention as a cultivator may not guarantee ownership rights, especially if there are conflicting claims or if the nature of the land has changed, such as from 'mumkin' (cultivable) to 'gairmumkin' (uncultivable). The process of claiming ownership based on Jamabandi records might involve legal procedures like adverse possession or claiming rights through continuous and undisturbed possession for a statutory period. Each case is unique, and it's advisable to consult a lawyer specialized in property and land laws in India for specific guidance.
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No. Jamabandi does not confer nor create any title. It merely give a presumption regarding possession on land.
What is meaning of " Gair Marusi " in the Khashatkaar Column of Jamanbandi Record? Please provide example where Gair Marusi is defined in terms of Revenue record of Khashatkaar Column
Asked 2 years ago
Kuldeep Singh Hooda vs Shri Narender Mehlawat on 27 April, 2018
held that it is settled law that the term "gair marusi" generally means and denotes a tenantatwill. The terms "gair marusi" and "tenant" are synonymous. But if in column in the revenue records/khasra girdawris, which denotes payment of rent, is kept blank or does not depict payment of a peculiar kind of rent, then the person in occupation, though recorded as "gair marusi" cannot be treated as a tenant.
Gair Marusi tenants are the tenants at will of the land owners. However, but for the right of inheritance available under the statutory provisions, such tenants were not having any right of inheritance of the tenancy.
Marusi refers to permanent tenant cultivator in India. These cultivators hold a permanent, legally recognised tenancy on agricultural land and pay revenue to the landowner. The revenue can be in the form of a fixed rent or a share of the agricultural produce
It’s non ancestral property which is self acquired by your grandmother in which her grand children have equal rights.
Dear client,
In Indian revenue records like Jamabandi, "Gair Marusi" refers to land that is uncultivated or non-cultivable by the recorded cultivator. It signifies that the land mentioned under this term is not currently under cultivation by the person listed in the Khashatkaar (cultivator) column of the record. "Gair Marusi" indicates land that may be non-arable due to various reasons such as rocky terrain, barren land, waterlogged areas, or any other condition that makes it unsuitable for cultivation. In the revenue records, this term helps in distinguishing between the cultivable and uncultivable portions of land. You can reach out to us for further assistance
- As per law, Jamabandi is not a proof of ownership
- Marusi refers to permanent tenant cultivator who hold a permanent, legally recognized tenancy on agricultural land and pay revenue to the landowner. The revenue can be in the form of a fixed rent or a share of the agricultural produce.
