What is a Record of Rights or Jamabandi? (Decoding India's Property Documents)
What is an RoR or Jamabandi?
A record of Rights (RoR) is a legal document containing all necessary information about a land parcel, including ownership, extent, encumbrances, cultivation and property taxation. The same document is called a Jamabandi in many states across India. The record of rights or jamabandi is maintained by the state's Revenue department.
What information does an RoR or Jamabandi provide?
While the format of Jamabandi or RoR varies from state to state, all Records of Rights invariably include the following:
- Location: Details of the taluka and village the land is in, along with the address details like property number to clarify the location of the property within the village
- Extent: The total area of the land is available on the RoR
- Ownership: Jamabandi or RoR lists out the names of everyone who owns part of the land parcel under question, along with the area owned by each of them.
- Land classification: RoR states whether the land is cultivable, barren and uncultivable, under non-agricultural use, forested, wasteland etc
- Cultivation: If the land is being used for agriculture, the RoR or Jamabandi contains information on the crops sown, the total area under cultivation and the type of irrigation available
- Tenancy: The Jamabandi also includes the details of tenants cultivating the land (if any)
- Taxation information: Another important detail available on the Jamabandi or RoR is the tax levied on the property and the status of its payment
- Encumbrances: Jamabandi or RoR also informs one whether the property in question has any encumbrance like mortgages.
Why do you need an RoR?
An RoR or Jamabandi is an important document for various purposes. It is often required to avail loan waivers or subsidies under government programs.
In terms of property transactions, it is used to establish one's property ownership. It contains all the information about the property as recorded by the Revenue department of the state.
Now, I can hear you saying "But the ownership and encumbrance information is available on an EC (Encumbrance Certificate) as well. So why do I need an RoR?". I will refrain from going into details of how the EC and the Jamabandi do contain most of the same information and so, technically, having one should be enough. However, in the absence of a conclusive title/ownership document, we have to be practical. An Encumbrance Certificate contains data gathered through the transfer of property available with the Stamps and Registration Departments in most states. Record of Rights or Jamabandi, on the other hand, has data from tax receipts of the Revenue Department. In a perfect scenario, both would match, however, due to the lack of suitable tech infrastructure as well as the presence of people willing to use it to make money by cheating others, we often see discrepancies in the data stored by both departments. Therefore, it is highly important to make sure that the details on the Record of Rights are accurate. Any discrepancy could leave the door open for problems in the future.
How to know if there are concerns regarding the property?
Now that we know what an RoR is and how it can be helpful, let's see how we can use it to find out whether a particular property has any red flags.
Firstly, the Jamabandi or RoR contains information about any encumbrances on the property. Make sure to check for any mortgages that may still be shown as pending.
Nextly, ensure that all the information on the Jamabandi and EC match. This includes the name of the owner as well as the extent of the land.
Another important item to check would be any additional comments on the Jamabandi or RoR, stating court orders or stays on the property.
Depending on your plans for the property, do ensure that the land classification matches your interests. For example, if you are looking to cultivate the land, verify the cultivable area and irrigation availability.
Conclusion
The Jamabandi or Record of Rights serves as a snapshot of the property's current ownership, tenancy and taxation details. While not 100% conclusive, the RoR, along with the EC, can help identify or eliminate many of the common risks associated with the transaction of properties.
For a deeper and more detailed verification of the property, let Landeed help you with your due diligence. Get a legal opinion from the best in the industry.
