Dakhil and kharij
salik
(Querist) 03 October 2015
This query is : Resolved
My property is located in patna on the ganga side. Registered in 1990. However due to lack of knowledge we thought property tax people added the names and it's dakhil - kharij. Later, we came to know the fact and visited anchal office and found its mentioned "gair majora". Wanted to know can we still get it done in our name? And is it possible someone can claim the property as per law if my property dakhil kharij is not done at the moment. Please help with us valuable advise.
salik
(Querist) 03 October 2015
Please help
J K Agrawal
(Expert) 04 October 2015
Dear Mr Salik
The land revenue questions are governed by UP Laws so advocate of other states can not answer properly if they do not know UP law.
However I an not knowing laws at your state but can guess that if your land was Gair Majora before you purchased it, and if such land is not transferable, the status will remain same.
In Rajasthan a Gair Khatedar obtains Khatedari Right after 10 years cultivation. I think there in UP may be such a law. You consult local lawyer who deal in revenue matters.
ABDUL RAZIQUE
(Expert) 04 October 2015
Mr Salik, you may contact your nearest civil lawyer who will help you better, in the year of 2012 the Bihar govt passed a new bill for mutation of land for more information you may read Gazette dated 22 December 2011.
ABDUL RAZIQUE
(Expert) 04 October 2015
Mr Salik for more information about Gair Majurwa land read here under.
Government lands are usually called Gair Majurwa land.
Gair majurwa land is a relic from the colonial land revenue surveys of the time. Literally it is “land without deed”, i e,land that does not have legal papers to prove individual’s ownership on it. Such lands generally include pastures, wasteland, roads and ponds, which have often been used or cultivated for generations and are hence owned defacto, or are well utilised community lands.
There are 3 types of Gair Majarua land.
1. Gair Majarua Aam Land
2. Gair Majrua Malik Land
3. Gair Majura Khas Land
Gair Majurwa Khas and aam are Zamindari lands. Gair Majurwa Aam land is public land that passed into states hand after removal of zamindari system. Gair Majurwa khas land is also zamindari land but now cultivated by people who have got jamabandi or consolidation papers given out by government. This is the only land that can be transferred (sold) since you have jamabandi papers.
Gair Majurwa aam land are community land that can not be transferred and are to be used by persons till the government needs it. But these lands are usually demarcated for the purpose of building roads, ponds, government buildings etc. Usually people illegally with the help of government officials create false jamabandi papers of Gair Majurwa aam land and this comes under land grabbing. You will be prosecuted under land grabbing and cheating.
Rajendra K Goyal
(Expert) 06 October 2015
Consult local lawyer and discuss in detail after showing all the documents. In case of need move to court for relief.
T. Kalaiselvan, Advocate
(Expert) 10 October 2015
expert Mr. Abdul Razique has explained the issue properly, for further doubts on the subject it is advisable that you consult a local lawyer who is well versed in the local land rules and laws
