For revenue purposes, the power to determine ownership rests with the civil court

- Note the change of title deed only as per the judgment of the Supreme Court

- People-oriented guidance - - H.S. Patel IAS (Retd.)

- Revenue courts do not have the power to determine ownership

Recently, the Supreme Court Justice M. R. A bench of Shah and Gupta quashed the mutation entries in the Madhya Pradesh case on the basis of a will and said that the notes in the Revenue Charter are for Fiscal Purpose only and should be kept valid till Unless Contrary Proved i.e. Presumptive Value. Is. When a dispute arises, even if a change of title deed is noted on the basis of a will, only the civil court has the power to determine the right of ownership if a dispute arises.

The High Court and the Supreme Court have earlier ruled on separate cases in the light of the appropriate Supreme Court judgment and now the Law of Land is that only the civil court has the power to determine ownership in a dispute over title or ownership of property. Thus this established law is the 'Settled Principle'. All the public need to understand the background in this regard. First of all, land / property is regulated under the Land Revenue Act and its main purpose is to collect revenue on land / property. Fiscal Purpose and how much revenue to collect from whom. In this regard, the land - 7 and property card - register is maintained. In 1907, Chapter-10A of the Charter was added to the Land Revenue Act. On the basis of which any change in land property - sale, transfer, inheritance etc. should be noted in the Mutation Register and the revenue record should be kept up to date.

On the other hand, as long as there is no objection to change with the consent of all the occupants of the land / property, if there is a change in the title deed as well as a change in the property register, then go to court every time under normal circumstances for change of ownership / possession. There is no need to get an order for a change of rights, i.e., transactions which are done with the consent of the owner / occupiers according to a lengthy legal process - Entries in Revenue Record are treated on the basis of validity. Which also has a kind of legal backing. Only when there is a dispute or dispute does the civil court have the power to determine ownership.

Now, if we analyze the recent judgment of the Supreme Court, it is a will to transfer a will / property to a type of property / land as per the Inheritance Act, even if the will is challenged. It is the responsibility of the civil court to make a will as the owner of the land / property has the power to make a will in life.

But it is the right of the respective owner in the self-acquired property and its ingredient should be maintained as per the Inheritance Act as enforced in the presence of two witnesses in life and after the death of the person - the power to register a will is not mandatory. Responsibility. The one who is entitled is liable in the form of onus and the power to determine the ownership belongs to the civil court.

As per the established rules, the notes in the revenue record are for fiscal purpose only and the transaction is considered valid till the contradiction is proved. In the Revenue Court such as the Deputy Collector, Collector, Secretary of Appeal against the order of the Mamlatdar, the Appellate Authority has jurisdiction against the notes of the deed under the Land Revenue Act. But they do not have the authority to determine ownership. Officials with this appellate jurisdiction are to examine whether the provisions of the charter have been complied with and decide on the merits and demerits. Thus, if the public is in dispute over the right to property, the above matters need to be understood in the right perspective.