Court
Handled by Advocate N. J. Parmar, B.A., LL.B., more than thirty-five years at the Bar. Court practice and notaryship run together: under section 3 of the Notaries Act, 1952 read with Rule 3 of the Notaries Rules, 1956, notaries are appointed from among advocates of long standing, and the application is routed through the court where the advocate practises.
What comes up most
- Mutation entries — refused, delayed, or made in favour of the wrong person
- Varsai (inheritance) entries after a death, filed at the taluka e-Dhara (ઇ-ધરા) centre for rural land or the City Survey office for urban property. Varsai →
- હક કમી entries following a relinquishment
- Corrections to 7/12, 8-A and the property card — names, areas, boundaries and shares
- NA permission and sanad questions, particularly where agricultural land has been built on or is intended to be
- Appeals against revenue orders
- Boundary and area discrepancies between the record and the ground
Registration and mutation are two different things at two different offices. A deed that was registered but never carried into the revenue record leaves the record naming somebody else — often somebody who has since died. It surfaces a decade later, when the property is being sold or mortgaged and there is a buyer waiting. If you have bought property and never checked the record afterwards, check it now.
Records and where they come from
7/12 (૭/૧૨ ઉતારો) and 8-A for agricultural land, through AnyROR. The property card (મિલકત પત્રક) for urban property, from the City Survey office. Hakkapatrak (હક્કપત્રક) records every change of right. And Index-2 (અનુક્રમણિકા-૨) from the Sub-Registrar through Garvi, which is the proof that a document was registered.
Most of this is application work, not litigation
A refused or delayed entry is frequently corrected by a properly framed application with the right supporting affidavit, rather than by an appeal. You will be told which yours is. Application drafting →
Where a claim is time-barred, where the document relied on was never registered and therefore cannot be received in evidence of the transaction under section 49 of the Registration Act, 1908, or where the realistic recovery is less than the cost of recovering it — you will be told at the first meeting, not after money has been spent. A settlement reached quickly is very often worth more than a decree obtained slowly.
What to bring
- 7/12 and 8-A extract, or the property card
- The registered deed and its Index-2
- Any application already made and the order or endorsement on it
- Death certificates where the matter follows an inheritance
- Details of every person with a claim