Transfer of Registry procedures in Kerala - Pokkuvaravu nadapadikal Kerala land revenue department ppt from James Joseph Adhikarathil Mob 9447464502 -2018

1. TRANSFER OF
REGISTRY IN
KERALA.
T. James Joseph

2. 106 DEPARTMENTS.
REVENUE.
POLICE.. -----LAW ENFORCING DEPARTMENTS.
EXCISE.
.

3. .
Everything under the sun
embraces the duties and
responsibilities of a revenue officer,
His duties are Undefined rather
than defined

4. LAND REVENUE DEPARTMENT.
Primary duty is collection of Land revenue.
Collection of arrears of Land Revenue.
Collection of other departmental arrears as if
it were arrears of public revenue due on land.

5. LAND REVENUE DEPARTMENT.
BASIC TAX (LAND TAX)- Basic item of Land
revenue.

6. LAND REVENUE DEPARTMENT.
TWO TYPES OF LAND.
1. Assessed Land.
2. Government Land.
Assessed land can become Government Land due to
acquisition, abandoned or relinquishment.
Government Land Become assessed land due to……………..

7. LAND RECORDS.
Basic Tax Register.
Thandaper Register.
Field Measurement Book.

8. LAND TAX ACT..S.3
Land Tax should be realised from the Registered
Land Holder(Thandaper holder or document holder or
his legal heirs)
Whenever a Thandaper holder desires to remit the tax it
should be received immediately…..In other cases ,thandaper
right has to be assigned to collect tax….This process is called
pokkuvaravu or transfer of registry.

9. Objectives of Transfer of registry rules 1966...
 RULE 16- Pokkuvaravu is an arrangement for
FISCAL Purpose. It does not affect the legal right
of any person. Dispute on title has to be decided
by a civil court.
CAUTION..!
 Government land (puramboke) shall not be mutated)
 Pokkuvaravu should not support a fraudulent transfer of
Land.(saleable right of the document must be ensured.)

10. Pokkuvaravu situations.
 by voluntary transfer of title-
The document should bear saleable right.
(Registrar should send the copy of the document
to VO online)
 by virtue of decrees of Civil Courts
or by revenue sales
 by succession(No document)
 by transfer in favour of a person proving title
by adverse possession for 12 years or more
(No Document)
Civil Death. Rule 27(2) (No Document)-
Adverse possession. (No Document)

11. Transfer of registry originates…...
 Application from the Land Holder.
 Request from the SRO.
 SUO MOTO action by VO.
3(c) – It shall be the duty of the VO ,whenever a
pattadar dies, to report the fact to Tahsildar with
the name of legal heirs………..

12. AUTHORITY TO EFFECT MUTATION.
 Cases without sub division( VO)
 Sub division cases.(Tahsildar)

13. IS DOCUMENT AN ESSENCIAL FACTOR…?
 There are situations in which mutation has to
be done in the absence of DOCUMENTS.
1. Succession by heir ship( Rule 27(i) )
2. Civil death . (Rule 27(ii) )
3. Adverse Possession. (Rule 28)
 In all other cases documents which upholds saleable right of
the transferee need be mutated. Rule 14(5).
 Series of transactions connecting the transferor with the
pattadar must be ascertained. Rule 14(i)……..BUT

14. Pokkuvaravu Process..7 stages.
 The applicant submit application to VO along with copy of the
document& PV fee is accepted.
OR
Request in Form 1B is received from the SRO (online)
 Village officer issues receipt /accept fee and the details and
entered in the Pokkuvaravu Register.
 In online PV fee need be realised at the occasion remitting
Basic Tax after PV.
 Enquiry is conducted.
 A- Form is prepared by VA/SVO.
 Approval of A form.
 Making Changes in the Thandaper Register.
 Making necessary entries in the Pokkuvaravu register.
PV Fee need be realised during the first remittance
of Basic Tax

15. Elements of Enquiry.
S-M-A-R-T Reports.
 Property with valid document.
 Well defined boundaries.
 Undisputed possession.
 Free from PURAMBOKE.
Tabular form./metric measures.

16. S-M-A-R-T Reports.
 Specific.( What are the essential points..?)
 Measurable. (New A form…How Much…?)
 Achievable.( Whether the report achieve the
objectives.(Decision making)..)
 Result oriented (Effectiveness & Efficiency)
 Time bounded.( Kittunna mura….?)
 Smart meetings/ mahazar/stop memo.

17. SMART ENQUIRY…..Take calculated risks.
.
 Avoid un necessary statements.
 Statements/affidavits only in white paper.
 Death/birth certificates are available in the
LSG site.
 You should have information points.
 Use technology. ( social media,GPS)
 Collect UID number/mob number.
 Notice only in statutory cases.

18. Changes in the Thandaper Register.
 Enter the Pokku vivaram in the pokku
thandaper by VA/SVO
 Attest the entry by noting
date/ name/designation.
 Enter the Varavu vivaram in the varavu
thandaper by VA/SVO
 Attest the entry by noting
date/name/designation.
 Submit both thandaper along with A form to
VO.
 VO counter sign the attestation by noting his
name and designation.
 Thadaper must be unique.
 No scope for Soonya Thandaper.

19. Thandaper must be unique-Rule 23
 The thandaper number shall run
consecutively except in the case
which transferee is already a Thandaper
holder.

20. Pokkuvaravu-important points.
 Immediate mutation is permissible
 There are situations that Pokkuvaravu is made
without documents.
 Resurvey record superceeds document..
 Proper updation of Pokkuvaravu registers and
Thandaper registers.
 Application from the land holder is not essential.
 There is time limit.

21. Rule 27.( i)Transfer of title by succession
(ii) Succession in case of disappearance
of TP holder……
 Local enquiry report of the VO.
 Notices to the parties interested.
 Rule 10 procedure.(15 days notice in Site-VO-Lsg)
 Hearing of the parties aggrieved.
 If a person informed that he has challenged the
claim on the ground of a court he shall file a
declaration with copy of the plaint within 3
months)..in such cases mutation should be done
according to court decision.

22. Rule 27.
(ii) Succession in case of disappearance
of TP holder……CIVIL DEATH.
 Disappearance for more than 7 years.
 Local enquiry report of the VO.(no evidence to show that
the TP holder is still alive).
 Mutated in favour of the legal heirs.
 If there are no legal heirs mutation may be done in favour
of the applicant if he has undisputed possession after
publishing in the GAZETTE..
 Rule 10 procedure.(15 days notice in Site-VO-Lsg)
 Hearing of the parties aggrieved.
 If a person informed that he has challenged the claim on
the ground of a court he shall file a declaration with copy
of the plaint within 3 months)..in such cases mutation
should be done according to court decision.
 Proof of possession- FIR/tax receipts/Bills/
 But absence of above proof never in validate the claim –
Tahsildar can rely upon enquiry report of VO /mozhy.

23. Rule 28. Adverse possession
 Uncontested/
un challenged/
continuous
Possession of assessed land
for 12 or more years.
 Rule 10 procedure must be observed.

24. Rule 28- order received .
 .

25. What can we do…?.
 Encourage sketch by a pvt surveyor in the
document.
 Encourage setting up boundaries.
 In PB cases, direct the applicant to plant
survey stones.
 Citizen is the Best Custodian…issue a copy
of the sub division sketch,proceedings to
the land holder also.
 Issue pattayam after pokkuvaravu.

26. Encourage sketch of licensed surveyor in
documents…..Registration Act s.21.
 21. Description of property and maps or plans
(1) No non-testamentary document relating to immovable
property shall be accepted for registration unless it contains
a description of such property sufficient to identify the
same.
 (4) No non-testamentary document containing a map or plan
of any property comprised therein shall be accepted for
registration unless it is accompanied by a true copy of the
map or plan, or, in case such property is situate in several
districts, by such number of true copies of the map or plans
as are equal to the number of such districts.(give 3 copies of
the map in legal size paper)
Is an error in survey number a problem…?

27. What can we do…?.
 Avoid reminders…encourage inter
personal relation ship.
 Reports must be S-M-A-R-T.
 Issue notices only in statutory cases.
 Maintain stockfile uptodate .
 All application must be received by V O.
 Application must contain Telephone
number.
 Noting UID number/Telephone number in
the Thandaper.

31. What can we do…?.
 There shall be proper work distribution in
villages..
 An officer need be relieved only after handing
over charge of Pokkuvaravu records.
 Citizen is the best custodian.
 Issue pattayam only after effecting transfer of
registry.
 Complete post award action in LA cases.

32. WORK DISTRIBUTION IN
VILLAGE OFFICES

33. WORK DISTRIBUTION IN VILLAGE OFFICES
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35. ERROR IN Sy Number.

36. TRANSFER OF REGISTRY RULES, 1966.
 Pending revenue Recovery
proceedings is not a BAR
for effecting pokkuvaravu

37. ONLINE POKKUVARAVU
 Request in Form 1B and scanned document is recieved from
SRO. OR
 VO scan the request/document/Report and uploaded.OR
 Orders of TR from Tahsildar/subdvn sketch scanned and
uploaded by VO.
 Entries made in PV register in all the above cases.
 A form is prepared online/enquiry report by Va …..sent to
VO
 VO passesses NIL cases and sub dvn cases sent to Tahsildar.
 Tahsildar(dy tahsildar ) approves TR and records returned
to VO.
 Thandaper/TV registers are updated.
 One approved copy odf a form signed by VA/VO printed and
kept in SF.

38. .
 Do you have
the right to make
Loan details in
The Thandaper and
deny tax/TR..?

39. YOU ARE PROTECTED…?
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40. . SC/ST land transferred
Without permission
cannot be mutated.

41. Resurvey records superceeds document..
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73. Thank You!!
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T. JAMES JOSEPH Tahsildar Meeenachil MOB -9447464502
WEB- www.slideshare.net.in/mysandesham.
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