The presumption of correctness varies among different types of Record-of-Rights (RoR) documents. Here’s a detailed guide to understanding this presumption:
Types of Record-of-Rights:
- Cadastral Survey Khatiyan (C.S. Khatiyan):
- Presumed Correctness: Yes
- Details: Created after a detailed plot-by-plot survey, presumed to correctly show both possession and legal ownership.
- Authoritative: Considered the most authoritative due to its detailed survey process.
- Recent Settlement Khatiyan (R.S. Khatiyan):
- Presumed Correctness: Yes
- Details: Also presumed to correctly show land ownership details.
- State Acquisition Khatiyan (S.A. Khatiyan):
- Presumed Correctness: No
- Details: Only shows presumed possession, not legal ownership. Created based on existing paper records, not actual field surveys.
Reason for Differences:
- S.A. Khatiyan:
- Created based on existing paper records without field surveys.
- Only shows presumed possession, not legal ownership.
- C.S. Khatiyan:
- Involves plot-by-plot verification of boundaries and ownership during the survey process.
- Considered the most authoritative due to the detailed survey process.
Final Approval and Publication:
- Approval:
- Any RoR is not assumed to be correct until it is given final approval and published.
- Legal Proof:
- After publication, the RoR details are treated as correct proof of ownership.
- Challenge: Can be challenged with stronger evidence like a registered sale deed or long-term rental receipts.
Key Points Summary:
| Type of RoR Document | Presumed Correctness | Details |
|---|---|---|
| Cadastral Survey Khatiyan (C.S. Khatiyan) | Yes | Detailed plot-by-plot survey, shows possession and legal ownership |
| Recent Settlement Khatiyan (R.S. Khatiyan) | Yes | Shows land ownership details |
| State Acquisition Khatiyan (S.A. Khatiyan) | No | Based on paper records, shows presumed possession only |
Visual Summary:
C.S. Khatiyan: Presumed correct, detailed survey- R.S. Khatiyan: Presumed correct, shows ownership details
- S.A. Khatiyan: Not presumed correct, based on paper records
- Approval: RoR needs final approval and publication
- Legal Proof: Treated as correct unless stronger evidence is provided
Important Note:
- Final Approval and Publication: Ensures the RoR is treated as correct proof of ownership.
- Challenge: Can be challenged with stronger evidence like a registered sale deed or long-term rental receipts.
Understanding the presumption of correctness in various RoR documents helps clarify their legal standing and reliability in proving land ownership.
