Verify Land Ownership Legalkart

The year 2021 has begun on a positive note and the world is on its way to recovery – economic, physical as well as social. People have started planning for the future again. It will be modest to say that several of them are or will be devising plans for investing in real estate. Many will opt for residential properties and many more will go for land purchases – residential, commercial, or agricultural.

So, let us discuss today, an important aspect related to land and its ownership. Yes, you are right! We are talking about the land ownership certificate. In this article, we will clearly state what is a land ownership certificate, who issues the same, what is the process of obtaining it, and so on.

What is a land ownership certificate?

It is defined as a formal document or a certificate issued to a person(s) by a competent authority of a particular state where the piece of land physically exists. The land ownership certificate when issued in a particular person’s name proves that the particular person(s) is/are the sole owner(s) of the piece of land. The sole owner(s) in whose name the certificate is issued has all the legal rights pertaining to the particular piece of land. The land ownership certificate also is proof that there is no dispute related to the ownership of the land parcel under consideration.

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Who issues the ownership certificate of land?

It is the state government in India (usually the district revenue officer or the tehsildar) that issues the land ownership certificate to individuals residing in the state. The individual or person in whose name the certificate is issued, who is also called the owner, has all the legal rights to take decisions related to the particular piece of land. The owner, in other words, has freehold or leasehold right in the land parcel.

What is the right that a land ownership certificate gives to its holder?

It is very important to understand the legal rights of the owner who owns the land parcel and holds the ownership certificate in his or her name. The most common ones, as per government norms are:

• Taking all decisions with respect to the piece of land under consideration.

• Selling the land to an interested party.

• Renting or leasing the piece of land to an interested party.

• Constructing a building or structure on a particular land parcel.

What is the process of applying for a land owner certificate and what documents are required for filing the application?

The process is fairly simple and straightforward. The applicant needs to contact the office of the tehsildar or the revenue officer for filing an application to obtain a land ownership certificate. The applicant generally needs to provide detail like the legal name of the owner(s), residence address, contact details, details of the land parcel including registration number, area, location, address, etc. 

For filing the process, the applicant needs to submit the following documents along with the application:

• Application Form (as per the prescribed format)

• Identity Proof issued by a competent government authority (for example, PAN Card, Voter ID, Passport, Driving License, etc.)

• Aadhaar Card

• Registration Documents of Land Parcel

• Encumbrance Certificate

• Application Processing Fee (may vary from one state to the other)

Once the application is submitted along with the nominal processing fee, the documents are verified by the competent authority, which is the revenue officer or the tehsildar in this case. On successful verification of the documents, the competent officer issues the respective landowner certificate to the applicant.

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Format of the Land Ownership Certificate

A question may also arise in the minds of the applicants about the format of a land ownership certificate. The landowner certificate format may vary from state to state and can be issued by the respective state government in regional language as well besides issuing it in the English format. Generally, the certificate includes the following details:

• Name of land owner

• Name of father or husband

• Residence address of the landowner

• Plot number of the land parcel

• Total area (expressed in square yards)

• Place where land parcel exists

• Name of the land parcel (if any)

• Signature of the landowner

• Details of the registration fee or stamp duty paid by the landowner

• Signature of the district revenue officer or the tehsildar

• Full name of the district revenue officer or the tehsildar

• Official stamp of the competent government office or authority

• Date of certificate issue

Those who read this Article also Consulted a Lawyer about Property Ownership documents. 

Conclusion

In a country like India, land record management is still not a streamlined process. While the computerization of land banks is taking place, there is still a long way to go. Ironically, several government departments are responsible for the proper management of land records but they usually work in silos. There is a high possibility of human error in the process. Any discrepancy in land records can be a nightmare for the actual land owner(s). And hence, having a proper land ownership certificate becomes more imperative for each land owner and must be taken with utmost seriousness.