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Swami Sadashiva Brahmendra Sar (Nil)     31 December 2010

Do you know !

Entries in revenue records only show the possession. They do not confer or extinguish  title and ownership.



Learning

 13 Replies

Adv Archana Deshmukh (Practicing Advocate)     31 December 2010

Ya, its a valid title deed that is a conclusive proof of ownership.

1 Like

Suchitra. S (Advocate)     31 December 2010

But  Archana ji, Sir is telling that entry will not confer title or ownership. He says it is ONLY a proof of possession. 

1 Like

Adv Archana Deshmukh (Practicing Advocate)     31 December 2010

Ya, thats what I said, I agree with him that revenue entries are not proof of ownership. 

Suchitra. S (Advocate)     31 December 2010

I find Your statement and sir's statement contradictory, Archana ji. I will wait for Sir to comment if I am wrong. :)

Adv Archana Deshmukh (Practicing Advocate)     31 December 2010

There is no contradiction dear madam, read it again :)

niranjan (civil practice)     31 December 2010

She says valid title deeds,so no contradiction.

1 Like

Bhartiya No. 1 (Nationalist)     01 January 2011

Yes, it is correct,

Below is the observation of a judgment,

 

“It is well settled that entries in revenue records do not confer title. 
Title to a property of a person would not be lost merely because his name is not mutated in
 the revenue registers. So entry showing the name of a person as owner of the property 
in the column relating to 'owner' does not confer title on him in relation to that property, 
if he is not really the owner of that property. Similarly, because the name of an individual
 is entered in column No.16 of the Pahani relating to 'person in actual possession', 
when the land is kept fallow or vacant, that entry by itself would not help him in establishing
 his possession during that year. 
The question as to who is in possession of a land kept fallow or vacant, mainly 
has to be decided on title.”

Also,


In AIR 1996 SC 2823 the legal effect of Mutation
is stated as "Mutation of the property in the revenue record will not
extinguish title nor has it any presumptive value on title". The entry in
Record of Rights is conclusive proof of the correctness of the entry, it has
only presumptive evidentiary value which can be rebutted in the Civil Court.

Suchitra. S (Advocate)     01 January 2011

 

I would like to hear from Tripathi ji. Please do not misunderstand me for this. I have to know how concept of ownership and title are affirmed by the possession which is reflected by the entry in records of right as suggested by Archana ji.

 

Swami Sadashiva Brahmendra Sar (Nil)     01 January 2011

All of you are right.

However,  (i) Value of entries in revenue records in comparision to title deed

(ii) possession as one of the proofs of title  and

(iii) possession as a source of  title

are distinct issues.

Suchitra. S (Advocate)     01 January 2011

Thank you so much Tripathi Sir.  :)

A.VIVEK ADVOCATE (ADVOCATE)     01 January 2011

POSSESSION OF PROPERTY IS ENTIERLY DIFFERENT FROM THE TITLE OF THE PROPERTY . REGISTRATION DEPARTMENT DOCUMETS CAN BE SHOW THE TITLE  OF THE PROPERTY.


(Guest)

another thing i want to notify that the possession follows title.  Moreover the revenue records alone will not confer title.  But it is also one among the documents to show the possession and enjoyment.  the title may be in another name.  (the matter relating to adverse possession )

Gulshan Tanwar (Advocate)     06 January 2011

Read theories related to Possession and Title....

 

With a long possession creates title whereas long absence from possession looses a title.

 

5 Lamps of title... Salmond's view


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