Historical and legal significance of Record of Rights in J&K

By Mohammad Amin Mir

The legitimacy of ownership and cultivation rights in J&K rests on one fundamental legal document — the Record of Rights. Known locally as “Haqooq-e-Malkiyat ka Register,” this vital register, prepared by the Patwari during land settlement operations, is the cornerstone of agrarian administration and legal order in rural Kashmir. Its origins, procedures and ongoing relevance are not only embedded in the region’s socio-economic fabric but also enshrined in the Land Revenue Act, which governs land administration across J&K.

The genesis of the record

The practice of maintaining a Record of Rights dates back to the British colonial administration, which sought to establish a uniform system for land revenue collection across India. In Jammu & Kashmir, the formalization of land rights took a concrete shape during the reign of Maharaja Hari Singh, who recognized the need for structured land settlements and permanent records.

The Settlement Department, under British guidance, was tasked with the monumental responsibility of surveying the land, determining rightful ownership, recording customary rights, and classifying agricultural plots. The Patwari—then and now the frontline functionary of the revenue administration—was entrusted with preparing and maintaining this record. The result was the creation of a meticulously detailed and legally binding document: the Record of Rights.

What Constitutes the Record of Rights?

According to Section 21 of the Land Revenue Act, the Record of Rights comprises an array of crucial information:

Names of owners and cultivators

Nature and extent of rights held by individuals

Rent or revenue payable

Irrigation sources and methods

Classification of land

Details of tenancy, mortgages, and encumbrances

This information is compiled after rigorous field verification, crop inspections (Girdawari), and consultation with local stakeholders like Lambardars, Chowkidars, and traditional village elders.

Legal Sanctity: Record of Rights as Prima Facie Evidence

One of the most defining attributes of the Record of Rights is its status as prima facie evidence in courts of law. While not conclusive, it holds strong evidentiary value in resolving disputes concerning title, possession, and tenancy. Courts often rely on these entries—especially when unchallenged over time—as foundational proof in civil litigation.

Furthermore, any change to this record must follow a formal mutation process (Intiqal), further reinforcing the legal sanctity and procedural integrity of the Record of Rights.

The Role of the Patwari: A Ground-Level Architect of Legal Order

The preparation of the Record of Rights places the Patwari at the heart of the legal architecture of land governance. This grassroots official not only surveys and measures land parcels but also documents local customs, usage rights, and family settlements. The Patwari’s observations and entries—made during settlement operations or regular Jamabandi updates—are often the first and most enduring statements of fact regarding land.

The Girdawar and Naib Tehsildar, who supervise the Patwari, play crucial roles in attesting the accuracy of entries, while the final authorization is done at the Tehsil level by the Tehsildar. This tiered scrutiny ensures checks and balances.

Settlement Operations: The Birthplace of Accurate Land Records

Settlement is the administrative process through which land records are first created or thoroughly revised. It includes measurement, classification, revenue assessment, and recording of rights. This operation, though infrequent—often conducted once every few decades—lays the foundation for all subsequent land administration.

During settlement, a comprehensive register is prepared, which includes:

Misal Haqooq (Record of Rights)

Jamabandi (Land Register)

Tatima Shajra (Sub-division maps)

Khasra Girdawari (Crop Inspection Register)

All of these feed into and support the Record of Rights. The combination of textual and cartographic data ensures a holistic land documentation system.

Challenges in the Modern Era

Despite its foundational role, the Record of Rights in Jammu & Kashmir faces numerous challenges in the modern era:

1. Outdated Records: Many villages still rely on decades-old settlement records, leading to discrepancies and disputes.

2. Lack of Tatima Shajras: Family partitions and informal land transfers often lack updated maps.

3. Delayed Mutations: Post-inheritance or post-sale mutations are not promptly recorded, leaving the Record of Rights outdated.

4. Technical Manpower Deficiency: Patwaris are overburdened, and the digitization process requires specialized staff.

The Way Forward: Digitization and Ground Verification

The ongoing digitization of land records under the Digital India Land Records Modernization Programme (DILRMP) presents a historic opportunity to revamp the Record of Rights. However, digitization must not be seen as a mere scanning and uploading exercise. Ground verification is crucial.

Tatima-based Field Verification: Before digitizing the entries, Patwaris and Girdawars must physically verify each plot with the aid of satellite imagery and traditional maps.

Geo-referencing of Shajras: The integration of cadastral maps with GPS data will enhance the accuracy of the records.

Public Participation: Landowners must be involved in verification camps to ensure transparency and reduce future disputes.

Importance for Landowners, Tenants, and Government

For a landowner, the Record of Rights is the very basis of asserting ownership, securing loans, or selling land. For tenants, it provides proof of cultivation and safeguards against arbitrary eviction. For the government, it is the spine of agricultural policy, revenue collection, and welfare schemes.

Without an accurate Record of Rights:

Revenue collection suffers

Courts get clogged with avoidable disputes

Farmers lose eligibility for schemes

Banks hesitate in offering loans: Rekindling Faith in the System

The Record of Rights is not merely a bureaucratic ledger; it is a living testimony to land history, human toil, and rightful claims. As Jammu & Kashmir transitions into a new administrative phase with increased focus on transparency, e-governance, and grassroots empowerment, revitalizing the Record of Rights must be treated as a priority reform.

A new generation of Patwaris, armed with digital tools but guided by traditional accuracy, must be empowered and adequately staffed. Only then can this foundational document continue to uphold its legal, economic, and emotional significance in the evolving land narrative of Jammu & Kashmir.

The writer is a columnist who writes on land, governance and revenue reforms in Jammu & Kashmir.