Execution of Deed of Transfer without Having Good Title with the Transferor – A Practical Study in West Bengal in the Light of Transfer Property Act, 1882 & West Bengal Land Reforms Act, 1995”
The article “Execution of Deed of Transfer without Having Good Title with the Transferor. A Practical Study in West Bengal in the Light of Transfer Property Act, 1882 & West Bengal Land Reforms Act, 1995” was written by Dr. Sujit Kar, TIC/Principal of MIES R M Law College, which is an excellent law college in West Bengal. MIES R M Law College is one of the best law schools in Kolkata, situated at Sonarpur, South Kolkata. It has completed many years of its glorious journey in the field of law education. MIES R M Law College is one of the best legal education providers in India. MIES R M Law College is one of the topmost renowned Law Colleges in India. Under Vidyasagar University and approved by the Bar Council of India.
Execution of Deed of Transfer without Having Good Title with the Transferor – A Practical Study in West Bengal in the Light of Transfer Property Act, 1882 & West Bengal Land Reforms Act, 1955.
4 Pages Posted: 27 Apr 2023
MIES RM LAW COLLEGE, KOLKATA
Abstract
After the independence of India, the West Bengal Land Reforms Act was passed in 1955 in West Bengal. Which provides for One Man-One Khatian so as to issue one Khatian against all the plots of land belonging to one Raiyatin one Mouza. RS ROR and Maps were also revised to update the land records under this Act of 1955. Along with the Raiyat, the name of the bargadar will also feature in the Record of Rights @ ROR. Under this Act, separate RORs are also opened in the name of husband and wife i.e. joint beneficiaries under the issuing of ‘Pattas’ or ‘Certificate of allotment of Land’ on behalf of the Government of West Bengal.
Bargadar and Patta holders have a limited interest in the plot of land but the Raiyat has the exclusive interest with the right to transfer in the plot of land. This is to be noted that the transfer of the plot of land by the Raiyat must be in accordance with the provisions of the Indian Contract Act, of 1872 and the Transfer of Property Act, of 1882. The execution of the deed of transfer i.e. registration of the transfer deed must also be in accordance with the Indian Registration Act, 1908. All these statutes require good title with the Raiyat so as to transfer the plot of land.
The researcher has arrived at the following conclusive suggestions to make a solution to the research problem.
- Online ROR @ Porcha as issued by the revenue officer must be compact and exclusive so that to reflect all aspects of good title e.g. schedule of the plot, the total area of the plot, shares of the Raiyats in that plot, mentioning of present Khatian and respective previous Khatian, properly mentioning of the existence of encumbrances like Barga, adverse possession, permissive possession etc of the Raiyat in the plot of land.
- Online mode payment and receipt of revenue of the plot of land must be interconnected with the online data as maintained by the mutation section of the land reforms department in West Bengal.
- Online execution of the deed of transfer by the District Sub-Registrar or Addl. District Sub-Registrar must always be subject to confirmation of the mutation and payment of revenue of the plot of land in the name of the present vendor who wishes to transfer the plot of land to the vendee.
- Once the plot of land is kept as mortgage by any recognized banks, co-operative societies, or financial institutions that must immediately be informed to the jurisdictional revenue officer and accordingly the matter of mortgage will be reflected in the ROR @ porccha of the plot of land.
- Generalization of the research study:
Ignorance of the rayat in one part and intentional negligence of the revenue officers in maintaining of record in the other part make the rayat deprived of their exclusive rights and interest in the plot of land.
Keywords: Rayat, Record of Rights @ ROR, Encumbrances, Bargadar, Khatiyan, Settlement of Plot of Land, BL & LRO, Pattas
Suggested Citation:
Kar, Dr. Sujit, Execution of Deed of Transfer without Having Good Title with the Transferor – A Practical Study in West Bengal in the Light of Transfer Property Act, 1882 & West Bengal Land Reforms Act, 1955. (April 15, 2023). Available at SSRN: https://ssrn.com/abstract=4419469 or http://dx.doi.org/10.2139/ssrn.4419469
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