🌍 Introduction

For Non-Resident Indians (NRIs), property ownership in India often comes with unique challenges. Many NRIs face disputes over land titles, fraudulent mutations, or tampering with revenue records while being away from the country. Protecting land records is essential not just for securing ownership but also for preventing illegal possession and future litigation.

📑 What Are Land Records?

Land records are official documents maintained by revenue authorities that define ownership, possession, and legal rights over immovable property. In India, these typically include:

• Mutation Records (Intkal): Reflect changes in ownership due to sale, inheritance, gift, or court order.

• Jamabandi / Record of Rights: Shows who owns, possesses, and cultivates the land.

• Khasra Girdawari: Records agricultural use of the land and who is cultivating it.

• Fard / Title Record: A certified extract showing ownership and rights, often required in transactions.

⚖️ Importance of Mutation for NRIs

• Mutation does not create ownership, but it updates revenue records to reflect the rightful owner.

• If mutation is not done, records may still reflect the name of the previous owner, leading to disputes or misuse.

• NRIs should ensure mutation is completed promptly after any sale, inheritance, or court decree.

🔍 Title Verification & Due Diligence

• Before purchasing property, NRIs must conduct a title search to ensure the seller is the lawful owner.

• Verification should include past ownership, encumbrance checks, and pending litigations.

• A clear and marketable title helps avoid fraudulent transactions.

🏛️ Revenue Records and Disputes

• Revenue records like jamabandi and khasra girdawari are crucial in establishing possession and tenancy rights.

• Fraudulent alterations are common in absentee ownership cases. NRIs should periodically check revenue records online or through a trusted representative.

• Errors in records can be corrected by filing an application before the revenue officer (Tehsildar/SDM).

📌 Practical Tips for NRIs to Safeguard Land Records

1. Maintain Regular Monitoring: Most states now provide land records online. NRIs should check them at least once or twice a year.

2. Keep All Transactions Registered: Ensure every sale, gift, or partition deed is registered and reflected in mutation.

3. Execute Power of Attorney Carefully: If appointing someone locally, give only limited and specific powers.

4. Update Records After Inheritance: Legal heirs must promptly apply for mutation after a death to avoid claims by outsiders.

5. Seek Legal Opinion: Before buying or selling, consult a property lawyer to verify all documents and pending litigation.

⚖️ Judicial View

The Supreme Court of India has consistently held that mutation entries are only for fiscal purposes and do not confer ownership rights (e.g., Balwant Singh v. Daulat Singh, AIR 1997 SC 2719). Ownership must be established through valid title documents, not just revenue records.

✅ Conclusion

For NRIs, safeguarding property in India requires vigilance and proper documentation. By keeping land records updated, ensuring timely mutation, and verifying titles, NRIs can protect themselves from fraud, illegal occupation, and prolonged litigation.

🔒 Disclaimer

This blog is for informational purposes only and does not constitute legal advice. Property disputes and land record matters vary based on jurisdiction and facts. For personalized legal consultation, please contact a qualified property lawyer.