Official guidance, Tamil Nadu land law
Circular Rc. K8/12233/17 (Sy), Online Patta Transfer System, Property Received Through Hiba
The Principal Secretary and Commissioner of Survey and Settlement issued Circular Rc. K8/12233/17 (Sy) on 25 May 2017, directing how Tahsildars should process online patta transfer applications for property received through Hiba. It states that Hiba is a valid form of gift under Islamic law and requires a detailed inquiry and a reasoned order before the land records are corrected.
What the circular covers
Circular Rc. K8/12233/17 (Sy), issued by the Principal Secretary and Commissioner of Survey and Settlement on 25 May 2017, concerns applications under the Online Patta Transfer System for property received through Hiba. The guidance followed a complaint that a Tahsildar had rejected a patta transfer application involving property received in this way.
The circular states that Hiba is a valid form of gift under Islamic law. It also states that a Will need not be registered under the Transfer of Property Act, 1882.
Who may be affected
Circular Rc. K8/12233/17 (Sy) may affect:
- A person applying for patta transfer after receiving property through Hiba.
- Parties to the transaction who may be called for inquiry.
- Witnesses who may be examined when the parties are not alive.
- Tahsildars responsible for examining and deciding patta transfer applications.
- Survey and land records officials responsible for correcting records after an order.
The circular was addressed to all District Collectors. Copies were also sent to the Principal Secretary and Commissioner of Land Administration, the Joint Commissioner of Land Administration, the Joint Director, CSO, all Regional Deputy Directors of Survey and Land Records, and all Assistant Directors of Survey and Land Records.
Required process for a Hiba application
Circular Rc. K8/12233/17 (Sy) directs that cases involving Hiba should be handled as follows:
- The Tahsildar should conduct a detailed inquiry with due diligence.
- Both parties to the transaction should be inquired into if they are alive.
- Witnesses may be inquired into where applicable.
- The Tahsildar should issue a speaking order, meaning an order that gives the reasons for the decision.
- The order may then be uploaded through the Common Service Centre, identified in the circular as CSC.
- Land records may be corrected according to the speaking order.
The circular does not state that every application based on Hiba must be approved. It requires the Tahsildar to investigate the facts and issue a reasoned decision rather than reject the application without the prescribed inquiry.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Can a Tahsildar reject my patta transfer application merely because the property came through Hiba?
The circular recognises Hiba as a valid form of gift under Islamic law. It directs the Tahsildar to conduct a detailed inquiry and issue a speaking order after examining the relevant parties or witnesses.
Who will be questioned during the inquiry into a Hiba patta transfer?
The Tahsildar should inquire into both parties to the transaction if they are alive, or examine witnesses where applicable.
When can the land records be corrected?
The records may be corrected according to the Tahsildar's speaking order. The order may first be uploaded through CSC.
Does the circular guarantee that a Hiba patta transfer will be approved?
No. It requires a detailed inquiry with due diligence and a reasoned order, but it does not require approval in every case.
