THE PROCEDURE OF LAND REGISTRATION AFTER BRITISH VACATION IN SOUTH INDIA

IN 1950’S AND 1960’S

Following British rule, land registration procedures in South India during the 1950s and
1960s underwent significant changes as India transitioned to independence and sought to
establish its own governance structures. Here’s a brief overview of the land registration
procedure during this period:

State Land Revenue Departments: Each state in South India had its own Land Revenue
Department responsible for land administration and registration. These departments
managed land records, maintained registers of land transactions, and oversaw the
registration process.

Land Registration Acts: States enacted their own land registration acts and rules to govern
the registration of land transactions. These acts outlined the procedures, documentation
requirements, and fees associated with land registration.

Registration of Documents: Land transactions such as sale, purchase, lease, gift,

mortgage, etc., were required to be registered with the appropriate authorities. The parties
involved in the transaction, along with witnesses, would appear before the Sub-Registrar of
Assurances or the Registrar of Documents to register the transaction.

Documentary Evidence: Parties had to provide documentary evidence of the transaction,

including the sale deed, lease agreement, gift deed, etc. These documents had to be
executed on stamp paper of appropriate value as per the Stamp Act in force at that time.

Verification and Recording: The Sub-Registrar or Registrar would verify the documents and
ensure that they complied with the relevant laws and regulations. Once satisfied, the
details of the transaction, along with the documents, would be recorded in the appropriate
registers maintained by the registration authorities.
Payment of Fees and Stamp Duty: Parties involved in the transaction were required to pay
the prescribed registration fees and stamp duty. The stamp duty was calculated based on
the value of the transaction as mentioned in the documents.

Issuance of Registered Documents: After completion of the registration process and

payment of fees, the Sub-Registrar

Or Registrar would endorse the documents as registered. Certified copies of the registered
documents would be issued to the parties for their records.

Maintenance of Land Records: The registration authorities were responsible for

maintaining accurate and up-to-date land records. These records included details of
ownership, boundaries, encumbrances, and other relevant information Formation
pertaining to the registered land parcels.

It's Important to note that land registration procedures may have varied slightly from state
to state within South India during the 1950s and 1960s.

LAND REGISTRATION ACT IN 1950S AND 1960S IN SOUTH INDIA

In South India during the 1950s and 1960s, land registration laws and procedures varied
among the different states and regions. Each state had its own land registration acts or
regulations, influenced by colonial-era laws and subsequent local legislation.

For example, in Tamil Nadu, the Tamil Nadu Land Revenue Act of 1955 regulated land
registration, revenue collection, n, and land administration. This act provided guidelines for
the registration of land transfers, leases, and other transactions, as well as for the
maintenance of land records.

Similarly, in Karnataka, the Karnataka Land Revenue Act of 1964 governed land registration
and revenue collection. This act outlined the procedures for registering land transactions
and maintaining land records in the state.

Verification of Title: The first step is to verify the title of the land to ensure that it is clear and
free from any. Encumbrances or disputes. This may involve checking historical records,
survey maps, and legal documents.

Document Preparation: The next step is to prepare the necessary documents for
registration. This typically includes the sale deed or transfer deed, along with other
supporting documents such as proof of identity, proof of address, and tax receipts.

Stamp Duty Payment: Stamp duty must be paid on the transaction, and the amount varies
depending on the value of the land and local regulations.

Registration: The documents are then submitted to the Sub- Registrar’s office for
registration. The parties involved in the transaction, such as the buyer and seller, must be
present along with witnesses. The Sub-Registrar verifies the documents and records the
transaction in the Register of Documents.

Mutation of Records: After registration, the new owner’s name is updated in the land
records maintained by the local revenue department. This process is known as mutation,
and it ensures that the ownership details are updated for taxation and other purposes.
Obtaining Encumbrance Certificate: An encumbrance certificate can be obtained from the
Sub-Registrar’s office, which certifies that the property is free from any legal liabilities or
encumbrances.

Possession of Title Deed: Once the registration process is complete, the buyer receives the
original title deed, which serves as proof of ownership.

It's Important to note that the specific procedures and requirements may vary slightly
depending on the state and local regulations. It’s advisable to consult with a legal expert or
local authorities for precise guidance on land registration in a particular area.

LAND ACQUISITIONS ACT IN 1950S AND 1960S

What is the land acquisition Act 1950?

An Act to make provision for the acquisition of lands and servitudes for public
purposes and to provide for matters connected with or incidental to such provision.

During the 1950s and 1960s, India was undergoing significant social and economic
changes, including land reforms aimed at redistributing land from large landowners to
landless peasants and tenant farmers. South India, like other regions of the country,
experienced various land acquisition activities for purposes such as infrastructure
development, industrialization, and urban expansion.
In South India, land acquisition processes during this period would have been governed by
the Land Acquisition Act of 1894, which provided the legal framework for the government to
acquire land for public purposes. However, it’s worth mentioning that this Act was
criticized for being biased towards the interests of the government and lacking adequate
provisions for fair compensation and rehabilitation of affected landowners and
communities.

Additionally, several states in South India implemented their own land reform measures
and laws to address agrarian issues and redistribute land more equitably among landless
farmers. These reforms aimed to abolish intermediaries, such as landlords and
moneylenders, and provide land to the tillers.

In Karnataka following laws are under operation regarding land acquisition.

Matters:-
1. Land Acquisition Act 1894
2. Land Acquisition (Karnataka) Rules 1965
3. Land Acquisition (Companies) Karnataka Rules 1973
4. Land Acquisition (Mines) Act 1885.
5. Land Restriction on transfer Act 1991 & Rules 1994
6. Bangalore Development Authority Act 1976
7. Karnataka Industrial Area Development Act 1966
8. The Karnataka Acquisition of Land for Grant of House sites Act 1972. & Rules 1999
9. Karnataka Urban Development Authorities Act 1987
10. Karnataka Town and Country Planning Act 1961
11. Karnataka Slum Areas (Improvement and Clearance) Act, 1973
12. Petroleum and Minmeral Pipelines (Acquisition of Right of user in land) Act 1962.
13. Karnataka Improvement Boards Act 1976.
14. Electricity and Telegraph Acts,
15. The Requisitioning and Acquisition of Immovable Property Act 1952.