I am living in a house which doesn't have any documents. The land owner is my father's grandmother she was passed away. We are living here more than 50 years. How can I make pattayam or adharam that proves our ownership in land?
Answered on May 13,2022
Try to obtain Pattayam.
Pattayam is treated as the title of land awarded by government to a land holder. There are several types of pattayam.
- Pattayam for Government land – Occupied land - Kerala Land assignment Act.
- Pattayam for Government land – Non occupied land - Kerala Land assignment Act.
- Pattayam for Government land - Beneficial enjoyment - Kerala Land assignment Act.
- Pattayam for Government land- Special purposes - Kerala Land assignment Act.
- Pattayam for Private Land - Kudikidappu - Kerala Land Reforms Act.
- Micha Bhoomi pattayam - Kerala Land Reforms Act.
The need for pattayam arises in 3 situations.
- When government land is required for personal purpose.
- Regularisation of occupied government land.
- When a land holder needs proof of ownership.
Assignment of land means a transfer of Government land on registry to the persons eligible and includes byway of Lease and a grant of Licensefor the use of land. Occupied land means government land in possession before 01/08/71 and continuing. Beneficial enjoyment means government land required for the smooth enjoyment of the present private land in possession of the applicant. Pattayam is issued to a family or person for housing and agricultural purposes. There are special rules for assignment of pattayam for special purposes such as assignment forest land , cultivation of rubber, cardamom, tea and coffee, rehabilitation of agricultural labours, vayanadu colonization scheme and industrial purposes. The purpose, process and procedure for assignment is different in panchayath, municipal / corporation areas.
How to apply ?
There are prescribed forms of applications which are available in our website. The following factors have to be ensured before giving application.
1. Which Rule is applicable?
2. Whether the land is suitable for Assignment?
3. What is the Purpose of Assignment?
4. Whether it exceed the Maximum limit?
5. Check whether the applicant is eligible for assignment?
6. Check whether the application is in the correct form.
7. Check Enclosures.
What are the enclosures required?
- Personal identification details such as copy of adahar card/ration card.
- Land identification details – sketch from a licensed surveyor.
- Records proving eligibility for assignment.
What is the maximum assignable area of government land in panchayaths?
Purpose |
Plane area Panchayath |
Hilly tract area Panchayath |
Municipality | Corpn. | Assigning authority. |
Personal cultivation. |
1 Acre Wet or Dry (unoccupied Land) 1 Acre Wet or Dry(occupied Land without improvement 01/08/71) 2 Acre Wet or Dry(occupied Land with improvement)
|
1 Acre Wet or 3 Acre Dry (unoccupied Land) 1 Acre Wet or 3 Acre Dry(occupied Land without improvement) 2 Acre Wet or 4 acre Dry(occupied Land with improvement)
|
No Provision | No provision |
Tahsildar/Spl Tahsildar
|
House site
|
15 cents | 15 cents | 10 cents | 5cents |
Tahsildar/special tahsildar.
|
Beneficial enjoyment. | 15 cents | 15 cents | 5 cents | 3 cents |
RDO in Panchayath. Collector in Mun/Corpn |
Commercial | No provision | No provision | 10 cents | 5 cents | Collector |
Kaivasa rekha | 10 cents | 10 cents | 5 cents | 5 cents | Tahsildar. |
What are the general principles to be observed after receiving pattayam?
- Pattayam issued for a specific purpose should be used within one year. It should not be used for other purposes even after the sale of assigned land.
- Pattaya land is heritable and alienable.But it should not be disposed within the prohibited period. But it can be pledged. The period of restriction for sale in various pattaya land is as follows.
1. Land Tribunal pattayam - No restrictions.
2. Michabhoomi(KLR) - 20 years.
3. Assignment pattayam(occupied Land) - No restrictions .
4. Assignment pattayam (unoccupied) - 12years.
5. Vanavakasa niyamam - No restrictions.
6. OLH scheme - 25 years.
3. Royal trees/Reserved trees in the assigned land must be preserved.
Royal trees- Teak, Rose Wood, Ebony & Black Tree.
4. Pattaya sketch and Pattaya mahazar should be obtained along with pattayam.
5. Pattayam should be mutated and land tax paid soon after its receipt.
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