1. Definitions:
Land: The term “land” refers to the surface of the earth, including rivers, wells, streams, creeks, lakes, and other natural bodies of water. It also encompasses things that are permanently attached to the earth, such as buildings and standing trees. The rights and benefits arising from the land, including the rights to minerals beneath the surface and fishing or ferry rights, are considered part of the land.
Landlord: The term “landlord” refers to a person who leases or rents land, also known as a lessor.
Land Records: Land records refer to the documents maintained in accordance with applicable land laws, which may include maps, plans, town planning schemes, improvement schemes, or consolidation schemes, and are sent to the relevant revenue or survey officer. These records help track land ownership, rights, and changes in ownership.
Important Land Records:
Form No. 6: Register of Mutation, documenting changes in the Record of Rights (RoR) due to sales, wills, inheritance, etc.
Form No. 7-12 (RoR): Record of Rights, detailing the ownership and rights related to agricultural and non-agricultural land.
Form 8A: A record detailing the area of land held by an individual and the taxes payable.
Form 6C: Registration of heirship cases.
Form 7B: A list of individuals who are in actual possession of land but whose names are not recorded in the RoR.
Index II: Extract from the Registration Office showing registered documents related to land.
2. Types of Land:
Agricultural Land: Land used for farming purposes, including horticulture, crop cultivation, dairy farming, poultry farming, grazing, and livestock breeding.
Non-Agricultural Land: Land used for residential, commercial, or industrial purposes.
Forest Land: Land designated as forest area under the Forest Act.
3. Agriculturist: An agriculturist is a person who personally cultivates land.
4. Land Revenue: Refers to sums or payments collected by the State Government from any person for land use, including taxes, cess, or rates authorized by relevant laws.
5. Classes of Land:
Warkas Land: Low-productivity land used for cultivating millets during the monsoon.
Jirayat Land: Land where cultivation depends on annual rainfall, used for seasonal crops like Kharif and Rabi.
Bagayat/Irrigated Land: Land where crops are irrigated from water sources other than rain, such as wells, bandharas, or government irrigation systems.
Rice Land: Land used for growing rice in regions with heavy rainfall.
6. Land Zones:
Residential Zone: Land designated for housing and related purposes.
Industrial Zone: Land designated for industrial activities.
Recreational Zone: Land designated for parks, sports complexes, and other recreational purposes.
Forest Zone: Land designated for forest conservation.
Green Zone: Land designated for green belts and environmental preservation.
7. Owner and Occupant Definitions:
Owner: Refers to the person holding the land, either as an occupant or through other legal rights.
Occupant: A person in actual possession of land that is not alienated, a tenant, or a government lessee.
8. Types of Occupants:
Class I Occupants: Hold unalienated land in perpetuity without restrictions on transfer.
Class II Occupants: Hold land with full occupancy or Bhumiswami rights and unrestricted transfer rights.
Class III Government Lessees: Individuals holding land from the government under a lease agreement.
9. Land Occupation and Holding Types:
Joint Holders/Occupants: Co-owners or co-occupants of land who hold land as undivided shares.
Estate: Any interest in land, held by one or more persons.
Encroachment: Unauthorized occupation of land or property.
10. Buildings and Structures:
Building: Includes any construction, regardless of materials used, and includes farm buildings for agricultural use, as well as fences and walls.
Farm Building: A structure erected on agricultural land used for storing agricultural tools, produce, or sheltering cattle.
11. Survey and Land Mapping:
Survey Number: A specific plot of land marked for survey purposes, recorded in land records.
Subdivision: A smaller unit within a survey number with a separate area and assessment.
12. Legal Definitions:
Immovable Property: Land, buildings, hereditary rights, and any other property permanently attached to the earth.
Movable Property: Items like standing timber, growing crops, fruit on trees, or anything that is not permanently attached to the land.
13. Property Documentation and Registration:
Sale Deed: A legal document executed during the final transfer of property ownership.
Agreement to Sale: A preliminary agreement outlining the terms and conditions of a future sale.
Conveyance Deed: A document that transfers ownership or interest in real property.
Gift Deed: A document transferring property ownership as a gift without any exchange of money.
Mortgage Deed: A document that grants interest in land as collateral for a loan.
Leave and License Agreement: An agreement allowing temporary occupation of property.
Will: A legal instrument outlining the distribution of a person’s estate upon their death.
14. Taxes and Charges:
Service Tax: A tax levied on under-construction properties, typically calculated at 3.75% of the total property value.
Stamp Duty: A tax applied to legal documents, typically calculated on the market or agreement value of the property.
VAT (Value Added Tax): A tax levied on the sale of goods or services, including properties in certain circumstances.
15. Planning and Development:
Development Plan: A plan for the development or redevelopment of urban areas, often prepared by a planning authority.
Regional Plan: A development plan for an entire region, approved by the state government.
Development Authority: A body responsible for managing urban development, typically constituted by the state government.
Town Planning Scheme (TPS): A scheme that reorganizes land within a specific area for urban development purposes, ensuring proper distribution of land for infrastructure, housing, and services.
16. Transfer of Development Rights (TDR): A certificate issued when land is required by the government for public purposes, compensating the landowner with development rights for use in another area.
17. Other Terms:
Heritage Building: A building recognized for its historical, aesthetic, or cultural value by the planning authority.
Layout: A subdivided piece of land for development, often in urban planning projects.
Plot: A portion of land within a town planning scheme, identified by a number.
Urban Area: An area designated as urban based on population density, building types, and government notification.
Fragment: A land parcel smaller than the standard area prescribed by law but not considered a fragment if reduced in size due to natural causes like erosion.
These terms and conditions outline the legal framework regarding land ownership, rights, taxes, and usage for the BrainMineTech platform. By using this platform, you acknowledge and agree to these terms as they pertain to land-related services and transactions.