IF THE ‘RECEIPT’FOR ANCESTRAL LAND IS NOT IN YOUT NAME, CAN YOU SELL OR REGISTER THE LAND?

IF THE ‘RECEIPT’FOR ANCESTRAL LAND IS NOT IN YOUT NAME, CAN YOU SELL OR REGISTER THE LAND?

28-NOV-ENG 2

RAJIV NAYAN AGRAWAL

DELHI--------------------------The Supreme Court has made it clear in a major decision that a Jamabandi or holding number is not mandatory for registering ancestral land. The court overruled the Patna High Court's order requiring a Jamabandi in the seller's name.

If the Jamabandi for ancestral land is not in your name, a receipt cannot be issued in your name. In this situation, can you sell or register your ancestral land? This question lingers in everyone's mind. The country's highest court has put an end to this question once and for all. Recently, the Supreme Court delivered its verdict on this issue. This decision will affect millions of people, especially those whose property mutations were pending due to old records or lengthy administrative processes.

The Supreme Court recently overturned the Patna High Court's order regarding the Jamabandi rule in the seller's name for land registration. Following this new Supreme Court order, the requirement for a Jamabandi or holding number in the seller's name for land registration has been eliminated. This means that if the land is ancestral and you are entitled to sell it, but a receipt is not issued in your name, you can still register the land. The court clarified that the registration officer (sub-registrar) has no right to demand proof of ownership from the seller, simplifying and expediting the entire process. This decision prevents registration officers from rejecting registration solely for the lack of a Jamabandi.

To prevent fraud in land registration, the Bihar government implemented a new rule on October 10, 2019, that only the person in whose name the Jamabandi is located can register the land. Several petitions were filed in the High Court against this. Within 15 days, on October 25, the court stayed the government's decision. After hearing the case, the court upheld the government's decision on February 9, 2024, and ordered its implementation. Subsequently, the government issued a letter on February 22, 2024, implementing the Jamabandi for land sales.

The Supreme Court, in a significant ruling, has provided significant relief in simplifying and making property transactions transparent. This decision simplifies property transactions, especially in cases where the mutation process was held up due to old surveys or administrative delays. The court clarified that a Jamabandi or holding number in the seller's name is no longer mandatory for land registration. Overturning the Patna High Court's decision, the Supreme Court held that the 2019 amendment to Rules 19(17) and 19(18) of the Bihar Registration Rules, 2008, was invalid because it exceeded the jurisdiction under Section 69 of the Registration Act, 1908.

Justice P.S. A division bench of Justices Narasimha and Jaymalya Bagchi delivered a detailed 34-page judgment after hearing the Special Appeal (Civil) application filed by Samiullah. Senior advocate Manan Kumar Mishra and advocate Vishwajeet Kumar Mishra, representing the applicant, argued that the state government's amendment to Rule 19 on October 10, 2019, added a condition that the sale or donation of land would be possible only if the seller or donor had a mortgage or holding in their name.

This amendment required registration officers to ensure that property registration was only conducted if the seller had a mortgage/holding in their name. In such a situation, those without mortgage could not sell or donate their land. The Patna High Court, in its 21-page order, upheld the state government's amendment as valid. This High Court's order was challenged in the Supreme Court, which, after hearing the case, set aside both the Patna High Court's decision and the state government's amendment. This decision will affect millions of people, especially those whose property mutations were pending due to outdated records or lengthy administrative processes.

In its decision, the Supreme Court requested the Law Commission to comprehensively review the issue and prepare a detailed report in consultation with the central government, state governments, stakeholders, and information technology experts. It is noteworthy that on May 13, 2024, the Supreme Court had imposed an interim stay on the amendment, stating that all land registrations carried out after the amendment would be subject to the outcome of the final decision.

The Supreme Court clarified that a person's right to own, buy, and sell immovable property is constitutionally protected. This amendment implemented by the Bihar government imposes unreasonable restrictions on that right. The Court stated that making the Jamabandi and Special Survey procedures a prerequisite for registration until they are completed is arbitrary and unconstitutional.