The Malabar Land Registration Act, 1895 (1896tn3)

What the law governs

The Malabar Land Registration Act, 1895 applies to South-East Wynaad and the Gudalur taluk of the Nilgiri district, excluding South-East Wynaad from the Gudalur description. Its commencement in that remaining part of Gudalur is linked to the commencement there of the Malabar Tenancy Act, 1929.

The law covers an estate that is currently or prospectively subject to separate land revenue assessment payable directly to Government. It provides a summary process for the District Collector to identify and register the proprietor.

Who may be affected

The Malabar Land Registration Act, 1895 may affect:

• A proprietor or joint proprietor whose name is not already in the public register.
• A person authorised to apply for a proprietor.
• Members of a joint family owning an estate.
• Trustees, managers or superintendents of religious or charitable foundations.
• Occupants who may be registered jointly with a proprietor.
• Buyers, heirs or recipients of gifted proprietary interests, because later changes remain subject to the mutation process under the Tamil Nadu Land Registration Regulation, 1802.

Registration process and deadlines

The District Collector fixes an application date for each taluk or other local area. The date must be published in the specified gazettes, posted at listed public offices and locations, and proclaimed locally by beat of drum. The application deadline must be at least two months and not more than four months after publication in the District Gazette.

After the deadline, the District Collector may conduct a summary inquiry, hear attending parties, receive evidence, decide who should be registered and arrange survey or demarcation where necessary. For joint family property, registration is made in the name of the managing member. For a religious or charitable foundation, it is made in the name of its trustee, manager or superintendent.

Objections, review and legal effect

The Malabar Land Registration Act, 1895 provides that:

• A person registered without applying must receive notice through the District Gazette and, if the address is known, by registered post.
• That person may object within two months from Gazette publication or one month from receiving the letter, whichever is later.
• Registration may be revised by the District Collector on an application made within three months.
• Registration remains subject to a decree or order of a competent Civil Court.
• A registered proprietor is treated as the landholder for proceedings under the Tamil Nadu Revenue Recovery Act II of 1864.
• Copies of inquiry records, orders and entries are available from the District Collector on payment of prescribed fees.