A.P. RECORD OF RIGHTS IN LAND PATTADAR PASS BOOKS ACT - 1971

1. A.P. RECORD OF RIGHTS IN LAND PATTADAR PASS BOOKS ACT - 1971 B. VENKATESWARA RAO, District Revenue Officer (Retd.) CONSULTANT, AMR-APARD, Rajendranagar, Hyderabad-500 030.

2. It came into force w.e.f. 15-08-1978 • It contains 13 Sections • Rules made in 1989 • Implementation Commenced from 9-6-1989 Contd..

3. OBJECTIVES • To enable farmers to secure loans from credit agencies basing on entries in Pattadar Pass Books. [(Sec. 3) (1)]. • Rectification of Record of Rights (Sec. 3) • Regulation of un-registered transfers and alienations [Sec. 5(A) and Rule 22]. • Maintenance and amendment of Record of Rights [Sec. 5 Rule 2(g) and (h) and 18] Contd..

4. Right acquiring : • Succession • Inheritance • Partition • Gift • Sale • Decree of Court etc., Contd..

5. DEFINITIONS : • “Village” means any local area which is recognized as a Village in the Revenue Accounts of the Government. • “Land” means Land being used for agricultural purpose. • “Occupant” means a person in actual possession of land other than a tenant. • “Owner” means a person who has permanent and heritable rights of possession on land and includes the holder of a patta issued as a landless poor person. • “Pattadar” means includes every person who holds land directly under the Government, under a Patta whose name is registered in land revenue accounts as Pattadar and who is liable to pay land revenue. Contd..

6. “Khatadar” means any person having a Khata number or account to pay land revenue. • “Mortgagee” means the transferee of a mortgage as defined in transfer of property act. • “Tenant” means a lessee under a tenancy agreement express or implied or a person who is or is deemed to be a tenant under any law • “Recording Authority” means such officer of the Department notified by the Collector. • “Credit Agency” means Banking Company, Cooperative Banks, Credit Societies etc., Contd..

7. PROCEDURE • Every owner, pattadar, mortgagee or tenant to apply Tahsildar for issue of PPB/TD • Tahsildar may also suo-motu issue. • Title Deeds to be issued only in respect of Pattadar and owner. • Entries in Pass Book to be treated as sufficient evidence to grant loans without production of copies of village revenue records. • Pass Books and Title Deeds to contain other required information like loans, mortgage etc., Contd..

8. Furnishing of Photos etc., • One to be affixed on Pass Book • One to be affixed on Title Deed • One to be pasted in Form I B • One to be filed. • Photo to be attested and affixing of seal by Tahsildar • RDO to attest and seal front page of Title Deed. • Xerox copy of FMB/Tippan to be attached to Title Deed/Pass Book for identification of land. • Rate of Pass Book/TD is Rs.15/-(per set) Contd..

9. Maintenance of Record of Rights : • Intimation of acquisition of rights to be made to Tahsildar within 90 days in Form VI-A. [Sec. 4(1) and Rule 18(2)] • Acknowledgement to the individual to be in Form VI(C) • Tahsildar to give opportunity to the concerned before passing orders. [Section 5(1)] • Before carrying out any amendment, Tahsildar to issue notice to persons affected and after making enquiry to pass orders. • Notice to be in Form VIII. [Section 5(3)] • Orders on all intimations to be passed within six months. Contd..

10. Regularization of Alienations: • Occupants of lands, alienated or transferred otherwise than by a registered document to apply to Tahsildar within prescribed period for a certificate that the alienation is valid. [Section 5-A(1) and Rule 22(1)] • Alienee or transferee to file application in Form-X (before 31-12-2005) [Rule 22(2)] • Tahsildar to issue notices in Form XI and XII to all persons interested including alienor or transferor and conduct enquiry. [Rule 22(3) & (4)] Contd..

11. After enquiry Tahsildar to require the alienee or transferee to deposit registration fee and stamp duty that would have been payable had the alienation been effected by a registered document, as fixed by the Registering Officer. [Section 5-A(2) and Rule 22(5)] • On deposit of the amount Tahsildar to issue certificate in Form XIII-B. • Copy of Certificate to be communicated to Sub-Registrar in Form XIII-A. [Sec.5-A(4) & Rule 22(5)(1)] Contd..

12. Recording Authority on production of certificate to make entries in Form – I and IB. Thereafter Title Deed and Pass Book to be issued. [Sec. 5-A (5) and Rule 22(6) and (7)] • Appeal lies to RDO on Tahsildar orders U/s 5-A (4) within 30 days. [Sec. 5-B and Rule 22-A] • Appeal to be disposed of within 6 months. [Rule 22-A(4)] Contd..

13. Loss and Mutilation of Title Deed • To file an application to RDO along with mutilated Title Deed on the challan for Rs. 100/- for issue of duplicated Title Deed. • Concerned person to notify loss to the Tahsildar, RDO, Police, Credit Agencies and paper publication. • Applicant submit representation to RDO with above acknowledgments on payment of Rs.1000/- by way of challan. • Furnishing of Indemnity Bond • RDO issue proceedings to Tahsildar for preparation of duplicate Title Deed and carry amendments in Form I B. • RDO is competent to issue Title Deed. Contd..

14. Loss and Mutilation of Pass Book • Similarly Tahsildar can issue Pattadar Pass Book to the applicant on payment of Rs.15/- by way of challan. • Loss of Pass Book/Title Deed to be noted in Form I B Register, soon after receipt of the information from the concerned. Contd..

15. Names of persons having adverse possession irrespective of the No.of years of possession cannot be recorded as owner or pattadar. • However the occupants should go to Court and get their title by adverse possession declared / decreed. Contd..

16. Time limit for disposal of cases • Tahsildar has to dispose of all applications for rectification within 60 days. • Information of acquisition of right to be made to MRO within 90 days. • Appeal lies to RDO on Tahsildar orders within 60 days. Bar of Suits : • No Suit shall lie against the Government or any officer of the Government in respect of a claim to have an entry made in any record. (Section 8) Contd..

17. Important Forms • Form – I : S.No. wise & Patta wise details (owners & occupants) • Form – I-A: Proforma for filing claims by the claimant. • Form – I-B : Details of eligible pattadar’s survey number wise. • Form – V: Notice for enquiry for rectification • Form – VI-B : Intimation by the Registration Dept., to Tahsildar within a week of the date of registration. Contd..

18. Form – XVI : Maintaining of a Register showing the registered document or intimation received in Tahsildar’s office from Sub-Registrar’s office. • Form – XIV : Part-I – Pattadar Pass Book, Photo of Pattadar (White) Part-II – Title Deed, Ownership – cultivation (Green) Part-III – Tenant cultivation – Mortgagee (Red), Photo of cultivator. Part-IV – Inam lands - Encroacher. Contd..

19. Documents Require Registration • Gift Deed • Transfer of Right in Land • Lease of Immovable Property • Transfer on account of a decree of a court or any award Documents do not require Registration • Will • Succession by heirship • Partition Deed • D. Form Patta

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