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POLICY REVIEW
De Jure recognition of the 1960 by filling Form-3 and two cities where, instead of
legal incidents of Title attaching the registered deed following the long and tedious
as evidence. land mutation process, family
Type of documents: Registered
conveyance deeds such as sale Intestate Succession members have resorted to
Deed/ Partition Deed/Family instruments such as Power of
Attorneys (PoA) to transfer
Settlement/ Probate /Registered Type of documents: RoR in
Gift Deed ancestor/husband’s name, Power land to children/relatives.
of Attorney (PoA)
Sale, gift or partition of the Conveyance of Land Parcels
land, tend to transfer right of Succession of the person owned by JTT
ownership of the immovable dying without leaving a Type of documents: RoR in the
property and are mandated valid and enforceable will, is name of JTT/Matthas, current
to be registered. In addition, called Intestate Succession. occupier in the settlement sheet
instruments that create, This is primarily governed by
declare or assign, any right, personal laws applicable to The Jagannath Temple Trust
title or interest of the value the deceased for distribution (JTT) owns close to 30 per cent
of one hundred rupees and of the assets and therefore of all land in the city of Puri.
upwards, in immovable the proportion of distribution Apart from these properties,
properties, with few varies based on codified the Revenue Department
exceptions are mandated to or uncodified customary of the Trust also manages
be registered under section 17 practices. Subsequently, this its ‘endowments’, which
of the Registration Act, 1908. should be reflected in the includes properties belonging
The registered document revenue records. However, to the temple or given to other
captures the necessary it was observed that due institutions/people (like the
details of the parties to the to failure to mutate the ‘matthas’/’sevayats’) for
transaction, the interest ownership in the revenue the performance of services,
transferred such as ownership records, several households including that of offerings to
in case of Sale, Gift or Partition possessed imperfect title the deity or for charity. There
or right to possession and documents where RoR are cases where the RoR is
enjoyment, in case of lease remain in the name of
along with the amount to deceased ancestors/ relatives. in the name of the Mandir
Parichalan Committee, JTT.
be paid. These deeds are Frequently, there are also
validated by the concerned internal disputes within However, the JTT lands are
Sub-Registrar Office. It is an families regarding land the most contested lands
essential document required inherited without recorded in the state, with multiple
for further transactions of documentation. There are also stakeholders including the
the property. However, the cases where widows or wives Jagannath Temple Committee,
title documents, such as of missing husbands, in the Matthas, State Government,
registered partition/sale/ absence of legal documents and the current occupier
conveyance deed, among (marriage certificate, wills, claiming stake on them. There
others do not automatically etc.), are not able to establish are cases where a settlement
result in a change in land their rights over the land sheet is enclosed with the RoR
records. The landowner has and are unable to claim document which contains
to apply for mutation of the government subsidies to details of plots along with the
RoR at the Tehsil Office under improve/upgrade their names of current occupiers,
the Orissa Land Reforms Act, houses. There are cases in the and the amount paid for it.
April 2022 Volume 23 No. 1 - SHELTER 45
