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Record of rights

(Querist) 30 July 2017 This query is : Resolved 
What is the evidenciary value of Revisional Survey ( 1965 - 1983 ) recordings In Record of Rights prepared under BT Act 1885 applicable in Bihar which was Published & Finalised in 1983 regarding possession of Property if it was never challenged under the provisions of BT Act by any one during of after its various stages of preparation . Are there any Case Laws on it.
Guest (Expert) 30 July 2017
Not from your state but deal with such matters in my state

1) Revision survey after specific period most state have to carry but unfortunately due to heavy budget and man power problem they can not do but do in part or specific area or places where there more problem , or some time they can do for whole state.

2) Now first you need to specify what is exact problem ? Means what where records before revised survey what is after that . You need with proper certified copy

3) All depends upon it

4) Then provision if available in Land Revenue Code has to be checked and problem should be solved within land revenue code with authority having jurisdiction , many times some Govt officer / Tribunal /State authorities under land revenue code have jurisdiction to solve the problem or take final binding decision

5) Land matters are more comes in rural area so they make land revenue code exhaustive so farmers etc. don't need to go to court and spend lot money . but problem take place if land is in urban area due to lack of clients their are less adv. dealing in land revenue matters

6) If no remedy is found in land revenue code then you have to use writ jurisdiction at your high court but as far as possible try to solve problem in land revenue code because it will be solved fast
Guest (Expert) 30 July 2017
To be honest the act you mentioned I never read , but from wording I guess it . So you can take guideline for revised survey , but remaining thing you need to check from your state Adv.

Please note this is just overall information , should not be constructed or taken to be 100% correct. First time myself commenting on act which I never read or heard but since I deal in revised survey matter I posted
M V Gupta (Expert) 30 July 2017
Your query in brief is - what is the evidenciary value of the recordings in the record of rights. It is settled law that the Jamabandi entries or entries made pursuant to a fresh survey conducted are only for fiscal purpose of the revenue department i.e., for collection of land revenue. They do not create or extinguish any title to property in favor of the person whose name or names is/are recorded. SC decision in Sura Bhan VS Financial Commissioner & Ors. 2007 (3) Allahabad WC 2329. For other decisions please see the Indian kanoon.org. But these entries can be relied on as corroborative evidence for possession of the property.
manish singh (Querist) 31 July 2017
Sir thanx for your reply but I think your reply is more focussed on Revenue Records rather than Record of Rights. I am more concerned with case laws on Record of Rights especially if it shows possession for more than 12 years then does it create any right of any kind whatsoever and what is its nature under BT Act 1885. In one of the SC Rulings I read that Record Of Rights does certainly lays the "Foundation of Rights". Now what does this exactly mean & does Record of Rights proves any kind of settlement under BT Act.
Dr J C Vashista (Expert) 31 July 2017
You may seek guidance from a local senior lawyer since it is a case of state laws and most of us are unaware about the problem vis-a-vis laws applicable.
To be honest I have not gone through the BT Act 1885 and Record of Rights/ Foundation of Rights???
Kumar Doab (Expert) 31 July 2017
Agreeing with experts, approach local senior very able counsel of unshakable repute and integrity specializing in
revenue matters and well versed with local rules/laws.......
manish singh (Querist) 31 July 2017
Record Of Rights & Possession
Kumar Doab (Expert) 31 July 2017
You may wait and expert from your state well versed with local rules/laws may post.

Or you may approach local counsel as already suggested.
Rajendra K Goyal (Expert) 01 August 2017
Discuss in detail with local lawyer.
M V Gupta (Expert) 02 August 2017
Dear Mr. Manish. Record of rights is maintained by the Revenue department of the State. Hence whether u call it as record of rights or revenue record it is one and the same. In Maharashtra we call it as property card. In this the Collector of the District or Taluq after due inquiry of the persons owning the property and the persons in actual possession of the property under any lease or mortgage etc are recorded mainly for the purpose levy and collection of land revenue. The effect of the entries in these records has been subject matter of disputes in many cases. If u take trouble to reading some of these judgements you may find answers to many of ur doubts. You seem to be raising the queries out academic interest and not on account of any dispute in which u are involved.


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