land survey - The Legal Chamber

The Supreme Court struck down sub-rules (xvii) and (xviii) of Rule 19 of the Bihar Registration Rules, 2019, holding them ultra vires the Registration Act, 1908. The Court ruled that the rule-making power under Section 69 does not authorize registering authorities to demand proof of mutation or title as a precondition for document registration, deeming such a requirement arbitrary and beyond the scope of the Act. Facts Of The Case: The case originated from challenges to the 2019 amendments to the Bihar Registration Rules, 1989, specifically the introduction of sub-rules (xvii) and (xviii) to Rule 19. These new rules empowered registering authorities to refuse registration of a sale or gift deed if the document did not mention, and the seller did not produce proof of, a "jamabandi a...

The Supreme Court upheld the rescission of land grants for breach of mandatory cultivation conditions under the Portuguese-era Organic Structure. It ruled that the conditions, rooted in public policy, could not be waived or condoned by mere state inaction. The Court further held that new legal grounds cannot be raised at the appellate stage, confining its analysis to the original pleadings and the specific provisions of the agrarian law. Facts Of The Case: The case concerns land in Dadra and Nagar Haveli, originally granted by the Portuguese government between 1923 and 1930 under contracts known as ‘Alvaras’. These grants, based on the legal principle of ‘emphyteusis’, gave the holders inheritable and transferable rights subject to the mandatory condition of bringing the land und...

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Supreme Court: Registration Authorities Can’t Demand Mutation Proof Before Registering a Sale

Supreme Court Settles Dadra & Nagar Haveli Land Case, Vacates Status Quo After Decades