Record of Right

Q ) What is record of rights? Explain the procedure of record of rights under M.L.R.
C
1966
Record of Rights | Lands Of Maharashtra

Record of Rights
Ownership and use of a particular parcel of land can be ascertained and guaranteed, if the
land records are kept and the laws governing land relationships are published. The land
records are ascertaining the state of ownership and property rights. In land deals
investigation of the land records is essential to ascertain who the actual owner is.
Over time the "Law" which developed to regulate land relationships has come to focus on
classifying the persons using land according to ownership categories and the purpose for
which they are using land.
Record of Right is land record where all sorts of right and liabilities in respect of every piece
of land are registered.
Subject of Record of Right was discussed in the year 1897 for the purpose of settlement.
Settlement is the process which determines amount of land payable to the Government. A
first code was prepared on this subject in the year 1903. This code was replaced and
incorporated as chapter 10-A in the Bombay Land Revenue Code, 1913. The responsibility for
payment of revenue is fixed on the basis of the Record of Rights. Later on the statutory
provisions of the Record of Rights are incorporated in chapter 10-A of the Maharashtra Land
Revenue code 1966.
Importance of record of right:-
The provisions made in the Maharashtra Land Revenue Code, 1966 are revenue-oriented.
Although recent time land revenue is not important source of income of the state, this record
remained important because this is registered of rights and liabilities.
After independent rapid development in industry and commerce took place, area under
urbanization is also increased. With the result prices of land soared. People found real estate
a reliable place for investment. Record of Right became one of the most important
documents for investigation of title.
Registered of Record of Right and Registered of crops is prepared and maintained by Talathi
in the combined village form VII-XII and Registered of Mutation in village form VI.
Information available in record of rights:-
Names of all persons who are acquired some rights in the land, nature and limits of their
rights and conditions under which the rights are acquired by them. Rent or revenue required to
pay by them.
Details of charges of attachment and decrees under the order of civil court or revenue
authorities
Details of loan taken by the occupant
If land is classified as a “fragment” under the section 6 of the Bombay prevention of
fragmentation and consolidation of holding Act 1947, the same is noted in this record.
Easement, such as right of way is entered in this record.
Procedure of change in rights:-
Any person acquiring by succession, survivorship, inheritance, partition, purchase mortgage,

gift, lease or otherwise, any right as holder, occupant , owner, mortgagee , land lord,
Government lessee or tenant of the land has obligation to report in writing his acquisition of
such right to the Talathi within three months from the date of such acquisition.
When any document is registered under Registration Act 1908, creating any right on land,
registering officer has to send intimation to the Talathi and Tahasildar in the first week of
each month in respect of documents registered in the preceding month.
After receipt of acquisition report from the person or receipt of intimation from the registering
officer, Talathi has to make entry of the same in the registered of mutation. To safeguard
interest of the person acquiring right or intend to acquire right in the land Talathi has to write
mutation number on record of right by pencil. He has to post up complete copy of the
mutation entry in a conspicuous in the Chavdi. Also he has to give written intimation to all
persons whose names appeared on record of rights, register of mutation and to any other
person to whom he has reason to believe that they are interested therein. Circle inspector has
to certify the mutation entry after verifying correctness of the entry. Talathi has to correct
relevant village forms and their abstract in accordance with the certified entry.
Where collector‘s permission is required to obtain before acquiring right, person has to apply
in prescribed form to the collector. Where right is acquired without permission, Talathi has to
record this fact in the register of mutation. Right so acquired will be treated as a null and void.
Rewriting of record of rights:-
The record of rights shall ordinarily be rewritten after a period of ten years. The sub-Divisional
Officer may direct the record of rights to be rewritten at the end of a shorter period if he
considers that in view of the number of entries made in the record of rights in respect of a
large number of survey numbers or sub-divisions of survey numbers in the village, it will be
difficult for the Talathi to make any further entries therein.
When the record of rights is to be rewritten, the Talathi shall transfer the entries in the record
of rights as they stand up to date to fresh copies of record of rights. The record of rights so
prepared shall be checked by the Circle Inspector.
Entries made in record of rights are presumed to be true until the contrary is proved. Where
presumption is rebutted by evidence, the entry in the Record of Right does not have its
evidentiary value.
The person who raises dispute about incorrectness of the entry in the record of right has to
prove his allegations. The entries in record of right, registered of mutation etc. are evidence of
the fact recorded therein under section 35 of the Indian Evidence Act, though is not
conclusive evidence. The entry in this record has high degree of evidentiary value but the
entries create no title.
For more details please see Section 148, Section 157 and Section 327

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Q ) What is record of rights? Explain the procedure of record of rights under M.L.R.

Record of Rights | Lands Of Maharashtra

Importance of record of right:-

Information available in record of rights:-

Procedure of change in rights:-

Any person acquiring by succession, survivorship, inheritance, partition, purchase mortgage,

Rewriting of record of rights:-

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