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Landed property

09 Mar 2020

Q1. What is landed property?

In real estate, a landed property or landed estate is a property that generates income for the owner without the owner having to do the actual work of the estate.

It was a hallmark of feudalism, and freed the owner for other tasks, such as government administration, military service, or religious practices. A landed property typically consisted of a manor, several tenant farms, and some privileged enterprises such as a mill.

Q2. Legal meaning of the word KORFA relating to the landed property?

A Korfa tenant under the Bengal Tenancy Act is generally an under-tenant of a raiyat or a Talukdar, though no necessarily.

It may include a raiyat (a person, who acquired a right to hold land for the purpose of cultivating it by himself or by members of his family or by servants or labourers or with the aid of partners and includes also the successors in interest of person who have acquired such right) as well. 

 Q3. What is the process of getting the gifted landed property mutated in record of right?

Mutation is the recording of a transfer of title of a property from one person to another in the revenue records. The documentation procedure to be followed and the fee payable vary from State to State. The mutation in the municipal records is for the purpose of payment of property tax, and it does not mean a legal title for the person in whose name the property has been mutated in the municipal records.

An application to the tahsildar on a plain paper, along with a non-judicial stamp a non-judicial stamp of relevant value, has to be made.

Details to be furnished with application:

  1. Area in which the right has been acquired
  2. Description of the right acquired

  3. Name, parent's name, and address of the person from whom the right has been acquired

  4. Manner in which the right has been acquired

  5. Name, parent's name, and address of the person who has acquired the right

  6. Date on which the right was acquired

  7. Copy of document on the basis of which the mutation is sought - sale deed, Will etc

Any party aggrieved by an order of mutation can file an appeal before the Additional Collector (or the Deputy Commissioner) concerned within 30 days of the order.

Documents required for mutation:

In case of sale:

  • Copy of sale deed
  • Application for mutation with court fee stamp affixed on it

  • Indemnity bond on stamp paper of requisite value

  • Affidavit on stamp paper of requisite value

  • Receipt of up-to-date property tax payment

Q4. What is the legal validity of REGD deed of settlement for transferring the ownership of any landed property?

An owner can transfer his property by gifting or selling it. A sale deed, or any document through which the ownership rights are transferred, is a document that gives evidence of an individual's ownership of a property. Rights in property can be transferred only on execution and registration of a sale deed in favour of the buyer.

Agreement to sell precedes execution of a sale deed. The subsequent sale deed is based on the agreement to sell. The agreement is signed and executed by the seller and buyer on a non-judicial stamp paper. As such, it has legal value and can be produced as evidence. Agreement to sell is the base document on which the conveyance deed is drafted. Every document of transfer of property by way of sale would be preceded by an agreement to sell. The agreement to sell is also in writing.

A transfer of title in real estate is not valid if the sale deed is not registered. Registration in the name of the seller by the person transferring property is crucial for the transfer of clear title in favour of the new owner. Registration is to be done after payment of appropriate stamp duty, as prevalent in the State.

Q5.What time limit to regularise the possession for landed property?

The statutory period of limitation for possession of an immovable property or any interest therein, as stipulated in Section 65 of Limitation Act, 1963, is 12 years in case of private property and 30 years in case of Government/State/public property from the date since the trespasser adversely possesses the property of the true owner. However, in certain cases the limitation period is suspended and is not taken into reckoning for the calculation of the statutory period, such as when there is a pending litigation between the claimant and the owner over the same property; where the owner is of unsound mind or 'minor' or where the owner is serving in the armed services.