RECORD OF RIGHTS- ALL YOU NEED TO KNOW
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.
Record of Right are necessary in land revenue system:
Government always claimed a share in the produce of the land from the persons whose permanent right to occupy and tillage is recognized. The share of the government is called “land revenue”. The first step towards the creation of the private proprietary right in the land in the real sense was to place such a limit on the demand of the government as would leave to the proprietors a profit after defraying the cost of cultivation, which would constitute a valuable property, in that land. Valuable property in land being so created, it becomes necessary to determine to whom these benefits belonged. Likewise there was the necessity of record which would show the personal responsibility for the payment of the land revenue to the government. Hence the necessity for the records of rights in land. Accurate records of right is necessary for a sound system of assessment and collection of land revenue, in its absence it would be impossible to determine who is liable for the payment of the revenue over any particular land, and it would be difficult to settle any disputes between various claimants to that land. Under the present land revenue act presumption of truth attached to the entries in the record of rights.
Object of Record of Rights:
The primary object of record of rights is the collection of land revenue from the person who is liable to pay such amount under the land revenue act.
The record of rights is maintained in every estate. It gives various information about the particulars land. The assessment of land revenue payable, disputes regarding land are determined in the light of record of rights. Record of right is collection of various revenue papers regarding an estate. It is maintained in every village and contains information about revenue matters rent payable, cesses, names of landowner and tenant, their obligation and right, etc.