Hindu Philosophy and Temple System for APPSC Executive Officer · Chapter 14

Land Records, ROR Act and Endowment Lands

What to remember

Endowment land is the property of the deity or institution. The trustee, archaka or Executive Officer only manages it. It cannot be sold, gifted or mortgaged without the sanction that the endowments law requires.
The Record of Rights (ROR) is the revenue record of who owns and holds each survey number. It is kept under the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971. Entries in it must match the property register kept under the endowments law.
Protecting endowment land has four parts: correct records, survey and boundary marking, lawful leasing by open auction, and quick action against encroachment.

1. Why land records matter for an Executive Officer

Temples in Andhra Pradesh own large areas of agricultural land, house sites and shops. Many were granted by kings and zamindars hundreds of years ago. Records are old, and names are often wrong. A wrong entry in the revenue record is the first step to losing the land. An Executive Officer (EO) must therefore keep two sets of papers in step: the institution's own register of properties and the village revenue records.

The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 is the main law. Its chapter on properties (the group of sections numbered about 75 to 86 in the syllabus) deals with registers of property, leasing, alienation, recovery of lost property and encroachment. It must be read together with the revenue laws given below.

2. Basic revenue terms

Survey number: the number given to a parcel of land during survey. Sub-divisions carry a suffix.
Village accounts: the village revenue officer keeps the village records. The Mandal Revenue Officer (Tahsildar) is the officer in charge of the mandal. The Revenue Divisional Officer (RDO) supervises a group of mandals.
Adangal (pahani): the yearly record of who cultivates each survey number and what crop is grown.
Record of Rights (ROR, also called 1-B): the record of ownership and possession of each holding.
Pattadar pass book and title deed: documents given to the landholder as proof of the entries in the record.
Mutation: changing the entry in the record when ownership changes by sale, gift, inheritance or partition.
Patta: the document that shows the holder of land from the government under ryotwari tenure.
Webland (Meebhoomi): the computerised land record portal of the State, used to view and correct entries.

3. The Rights in Land and Pattadar Pass Books Act, 1971

This Act is called the ROR Act. Its main features:

It makes the preparation and keeping of a Record of Rights compulsory for every village.
It requires that every change of title be reported and entered. A person who gets land by sale, gift, inheritance or court decree must apply for mutation.
It gives the revenue officer power to hold an enquiry, hear objections and then enter the change.
The entries carry a presumption of truth until they are proved wrong. This is a rebuttable presumption. It is not a guarantee of title. A civil court decides disputes of title.
It provides for pattadar pass books and title deeds so that a holder has written proof.
Appeal and revision lie to higher revenue officers, such as the RDO, the Joint Collector and the Collector, with a final revision to the Chief Commissioner of Land Administration.

For endowments, the practical rule is simple. The name of the deity or institution must appear in the ownership column. The EO should never accept an entry in the name of an archaka, a hereditary trustee or a lessee as owner.

4. Other land laws that touch endowment land

Law	What it does	Use for endowments
AP Rights in Land and Pattadar Pass Books Act, 1971	Record of Rights, mutation, pass books	Correct the name of the owner
AP Inams (Abolition and Conversion into Ryotwari) Act, 1956	Ended inam tenures and converted them into ryotwari holdings	Many temple inams were converted into a patta in the name of the institution
AP Land Encroachment Act, 1905	Allows eviction of unauthorised occupants of government land	Used for government land; endowment land is protected by the endowments law
AP Land Grabbing (Prohibition) Act, 1982	Special courts and offences for grabbing of government, endowment and other land	Gives a strong remedy against organised encroachment
AP Survey and Boundaries Act, 1923	Survey, demarcation and boundary marks	Fixes the extent and limits of temple land
Transfer of Property Act, 1882 and Registration Act, 1908	Rules for sale, lease, gift and registration of documents	Apply to leases and transfers by an institution

5. Registers and survey of endowment property

The endowments law requires each institution to keep a register of its properties. The register records:

the description of each item (land, building, jewels, vessels),
the survey number, boundaries and extent of land,
the name of the person in possession and the terms of possession,
the income from each item.

The Commissioner and officers of the Department can order a survey of the properties. The revenue department helps with the survey and with correcting entries. A sound practice is to match the temple register with the Record of Rights each year. Differences must be reported and corrected through the Tahsildar, not ignored.

Boundary protection: stones, compound walls and fencing should be put up after survey. Photographs and the survey sketch are kept with the record.

6. Leasing of endowment lands

Land belonging to an institution is leased only for the benefit of the institution.
The lease is given by public auction or open tender after wide notice. The aim is the best income and a fair rent. A private negotiated lease to a favoured person is a serious fault.
The term of a lease is limited by the Act and the rules. Long leases, and any lease of a type that may affect ownership, need the approval of the competent officer. Do not remember the number of years without checking the current rules.
The lessee holds only as a tenant. A lessee can never become the owner by long possession against an institution. Rent arrears can be recovered as arrears of land revenue.
Lessees must not be allowed to sub-let. The EO should inspect the land every year and record the crop and the rent paid.

7. Alienation of endowment property

Alienation means a sale, gift, exchange or mortgage that transfers the interest of the institution.

Alienation of immovable property of a religious institution is void unless it is sanctioned in advance by the competent authority named in the Act.
Sanction is given only for a real need or an evident benefit of the institution, such as land exchange for a road widening that gives equal or better land.
A sale is made by public auction and the sale money is deposited and used for the institution.
A transfer made without sanction is void and the property can be recovered. The trustee or EO who allowed it can be held personally liable.

8. Encroachment and recovery

Encroachment means occupying temple land without any right. The steps for an EO:

1. Find out the extent through survey and the revenue record.
2. Give notice to the encroacher.
3. Report to the Assistant Commissioner or Deputy Commissioner. The Act gives these officers powers to enquire and to order eviction after a hearing.
4. Take police help to carry out the order. Lodge a complaint if the case falls under the land grabbing law.
5. Update the register and the revenue record after recovery.

A person who claims that the land is his own can approach the proper court or tribunal. Meanwhile, the institution is treated as the owner on the record.

Inam and service lands: some lands were given to archakas or temple servants in return for service. These are not owned by the servant. When the service stops, the land returns to the institution.

Exam traps

1. Owner versus manager: the EO or trustee is not the owner. The deity (juristic person) owns the property.
2. ROR Act versus Endowments Act: the ROR Act is a revenue law about records. The Endowments Act governs management and alienation of religious property.
3. Adangal versus ROR: adangal is a yearly crop and possession record. ROR shows ownership.
4. Mutation versus patta: mutation is a change of entry. Patta is the document showing the holder's title from the government.
5. Lease versus alienation: a lease gives a temporary right. Alienation transfers the interest in the property.
6. Adverse possession: a lessee cannot claim ownership by staying long on endowment land as a tenant.
7. Revenue record entry versus title: the entry gives a presumption only. A civil court decides title.
8. Inam abolition: the 1956 Act abolished inam tenures. It did not take away property of temples. It converted it into ryotwari holdings in the name of the institution.

One-liners

1. Land owned by a temple belongs to the deity as a juristic person.
2. The ROR Act is the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971.
3. Record of Rights is also called the 1-B register.
4. Adangal is the yearly village record of cultivation.
5. Mutation means correcting the record after a change in ownership.
6. The Tahsildar is the Mandal Revenue Officer.
7. Webland (Meebhoomi) is the State's land record portal.
8. Endowment land is leased by public auction.
9. Alienation of temple land without sanction is void.
10. A tenant cannot become owner against an institution by long possession.
11. The Land Grabbing (Prohibition) Act was passed in 1982.
12. The Survey and Boundaries Act is of 1923.

Practice questions

Who is the legal owner of land dedicated to a temple?
1. The Tahsildar
2. The hereditary trustee
3. The Executive Officer
4. The deity as a juristic person
Answer
D. The deity as a juristic person
The deity or institution is the owner. The EO or trustee only manages the property.
The ROR Act of Andhra Pradesh is the:
1. Land Encroachment Act, 1905
2. Inams Abolition Act, 1956
3. Land Reforms Ceiling Act, 1973
4. Rights in Land and Pattadar Pass Books Act, 1971
Answer
D. Rights in Land and Pattadar Pass Books Act, 1971
The Record of Rights is maintained under the AP Rights in Land and Pattadar Pass Books Act, 1971.
The record that shows ownership and possession of each holding is called the:
1. Adangal
2. Crop register
3. Record of Rights
4. Demand register
Answer
C. Record of Rights
The Record of Rights (1-B) shows who owns and holds each survey number.
Adangal (pahani) mainly records:
1. Yearly cultivation and crop details
2. Sale deeds
3. Court decrees
4. Temple income only
Answer
A. Yearly cultivation and crop details
Adangal is the yearly village record of cultivation and possession.
Changing the revenue entry after a sale, gift or inheritance is called:
1. Resumption
2. Mutation
3. Alienation
4. Partition deed
Answer
B. Mutation
Mutation is the correction of the record after a change of ownership.
The Mandal Revenue Officer is also known as the:
1. Joint Collector
2. Revenue Divisional Officer
3. Village Revenue Officer
4. Tahsildar
Answer
D. Tahsildar
The Tahsildar heads the revenue administration of a mandal.
A lease of temple land should normally be given by:
1. Allotment to the archaka
2. Public auction or open tender
3. Oral agreement
4. Private negotiation with a known person
Answer
B. Public auction or open tender
Open auction gives the best rent and fairness. A private lease is a serious fault.
Which law provides special courts against organised grabbing of government and endowment land?
1. Survey and Boundaries Act, 1923
2. Registration Act, 1908
3. Land Grabbing (Prohibition) Act, 1982
4. Transfer of Property Act, 1882
Answer
C. Land Grabbing (Prohibition) Act, 1982
The AP Land Grabbing (Prohibition) Act, 1982 created special courts and offences for land grabbing.
The law that governs survey and demarcation of boundaries is the:
1. Rights in Land Act, 1971
2. Survey and Boundaries Act, 1923
3. Land Grabbing Act, 1982
4. Inams Abolition Act, 1956
Answer
B. Survey and Boundaries Act, 1923
The Survey and Boundaries Act, 1923 deals with survey and boundary marks.
Alienation of temple immovable property without the required sanction is:
1. Valid if the buyer pays full price
2. Valid after three years
3. Valid if a trustee agrees
4. Void
Answer
D. Void
An alienation without prior sanction of the competent authority is void.
Webland (Meebhoomi) is:
1. The computerised land record portal of the State
2. A survey instrument
3. A temple income portal
4. A court of appeal
Answer
A. The computerised land record portal of the State
It is used to view and correct land records online.
Which of the following is NOT a document or term of land records?
1. Mutation
2. Pattadar pass book
3. Hundi
4. Adangal
Answer
C. Hundi
Hundi is a temple offering box. The others are land record terms.
A lessee of endowment land can acquire ownership by:
1. Long possession as tenant
2. Paying rent regularly
3. Sub-letting the land
4. None of these; a tenant cannot become owner against the institution
Answer
D. None of these; a tenant cannot become owner against the institution
A tenant holds only as a lessee and cannot claim ownership by staying long on the land.
An entry in the Record of Rights gives:
1. Absolute and final title
2. No evidential value
3. A rebuttable presumption of correctness
4. Only tax liability
Answer
C. A rebuttable presumption of correctness
The entry is presumed correct until proved wrong. A civil court decides title.
Which statement best separates a lease from an alienation?
1. A lease gives a temporary right; alienation transfers the institution's interest
2. Both permanently transfer ownership
3. A lease needs no rent
4. Alienation is always free of sanction
Answer
A. A lease gives a temporary right; alienation transfers the institution's interest
A lease is a limited, temporary right. A sale, gift or mortgage is an alienation.
The Inams (Abolition and Conversion into Ryotwari) Act, 1956 did which of the following to temple inams?
1. Handed them to the former inamdars
2. Converted them into ryotwari holdings, with patta in the institution's name
3. Sold them by auction
4. Seized them for the State
Answer
B. Converted them into ryotwari holdings, with patta in the institution's name
Inam tenures were ended and converted. Institutional inams were held in the name of the institution.
An EO finds the land register shows 10 acres of a survey number but the revenue record shows the owner as a private person. The first step should be to:
1. Lease it to that person
2. Ignore the difference
3. Sell the land
4. Report and get the record corrected through the Tahsildar
Answer
D. Report and get the record corrected through the Tahsildar
Differences must be reported and corrected through revenue officers. They should not be ignored.
Which officer supervises a group of mandals in a revenue division?
1. Village Revenue Officer
2. Mandal Revenue Officer
3. Revenue Divisional Officer
4. Chief Commissioner only
Answer
C. Revenue Divisional Officer
The RDO heads the revenue division, above the Tahsildar.
Which pair is correctly matched?
1. Adangal - crop and possession record
2. ROR - criminal record
3. Mutation - land survey
4. Patta - tax on temple income
Answer
A. Adangal - crop and possession record
Adangal is the yearly crop and possession record. The other pairs are wrong.
Consider these statements. 1. The ROR Act makes the keeping of a Record of Rights compulsory. 2. An entry in the ROR is a final proof of title that no court can question. Which is correct?
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
Answer
A. 1 only
The record is compulsory, but its entries only carry a rebuttable presumption.
Consider these statements. 1. Endowment land is generally leased by public auction. 2. A lessee may freely sub-let the land. Which is correct?
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
Answer
A. 1 only
Auction is the rule. Sub-letting is not allowed without authority.
Consider these statements. 1. The EO is the owner of temple land. 2. The institution is a juristic person that can hold property. Which is correct?
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
Answer
B. 2 only
The deity or institution holds the property. The EO only manages it.
Consider these statements. 1. A transfer of temple land without sanction is void. 2. The trustee who allows it may be held personally liable. Which is correct?
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
Answer
C. Both 1 and 2
An unsanctioned alienation is void and the officer who allowed it can be made liable.
Consider these statements. 1. Rent arrears from a lessee may be recovered as arrears of land revenue. 2. Rent arrears cannot be recovered at all. Which is correct?
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
Answer
A. 1 only
The Act allows recovery of arrears as arrears of land revenue.
Consider these statements. 1. Mutation follows a change of ownership. 2. Mutation creates a new title in favour of the buyer. Which is correct?
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
Answer
A. 1 only
Mutation only records the change. It does not create or confer title.
Consider these statements. 1. A register of properties must be kept by each institution. 2. The register should record survey number, extent and boundaries. Which is correct?
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
Answer
C. Both 1 and 2
Both are standard requirements of property registers of institutions.
Consider these statements. 1. The Inams Abolition Act, 1956 took away the property of temples. 2. It converted inams into ryotwari holdings. Which is correct?
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
Answer
B. 2 only
The Act converted inam lands to ryotwari holdings, with the institution still holding its lands.
A temple has a piece of land in the name of a priest in the ROR. Which action is most correct for the EO?
1. Do nothing until the priest dies
2. Sell the land at once
3. Accept it as the priest's land
4. Apply to correct the ownership entry to the name of the deity
Answer
D. Apply to correct the ownership entry to the name of the deity
Ownership entry must be in the name of the deity or institution, not a servant.
Land was given to an archaka in return for temple service. When the service ends, the land:
1. Is auctioned to the public
2. Passes to the State
3. Becomes the archaka's private property
4. Reverts to the institution
Answer
D. Reverts to the institution
Service land is not owned by the servant. It returns to the institution.
A temple wants to exchange land for a road widening. Alienation is permissible only if:
1. The land is small
2. The competent authority sanctions it for a clear benefit to the institution
3. The buyer offers cash
4. Any local leader agrees
Answer
B. The competent authority sanctions it for a clear benefit to the institution
Sanction is given only for a real need or evident benefit of the institution.
Who is ordered to evict an encroacher from endowment land in the normal course?
1. The next-door farmer
2. An officer of the Department empowered by the Act, after hearing
3. The village school head
4. The temple's priest
Answer
B. An officer of the Department empowered by the Act, after hearing
The Act gives officers the power to enquire and order eviction after giving a hearing.
After evicting an encroacher, the EO must also:
1. Close the temple register
2. Surrender the land to the State
3. Update the register and the revenue record
4. Alienate the land
Answer
C. Update the register and the revenue record
Records must be corrected after recovery so the institution's title is clear.
An EO notes that a lessee has grown a crop and not paid rent for two years. The EO should:
1. Transfer ownership to the lessee
2. Write off the rent
3. Take no action
4. Recover the arrears and review the lease
Answer
D. Recover the arrears and review the lease
Rent arrears are recoverable. The lease should be reviewed and enforced.
Boundary stones, compound walls and fencing for temple land are best put up:
1. Before any survey
2. Never
3. Only after a court case
4. After survey and demarcation
Answer
D. After survey and demarcation
Survey comes first. Then the boundaries are marked and protected.
The Pattadar pass book is given to the:
1. Temple trustee only
2. Landholder as proof of the record entry
3. Tahsildar
4. Registrar
Answer
B. Landholder as proof of the record entry
It is written proof to the holder of the entries in the Record of Rights.
The Registration Act, 1908 relates to:
1. Land survey
2. Land ceiling
3. Registration of documents such as sale and lease deeds
4. Inam abolition
Answer
C. Registration of documents such as sale and lease deeds
The Registration Act provides for registering documents that transfer or lease property.
The Transfer of Property Act, 1882 deals with:
1. Sale, lease, gift and mortgage of property
2. Election disputes
3. Crop insurance
4. Forest offences
Answer
A. Sale, lease, gift and mortgage of property
It lays down rules on transfers of immovable property.
Appeal under the ROR Act lies from the Tahsildar's order to the:
1. Village officer
2. Higher revenue officers such as the RDO
3. Municipal chairman
4. Temple board only
Answer
B. Higher revenue officers such as the RDO
The Act provides for appeal and revision to higher revenue authorities.
The ROR Act is mainly a:
1. Criminal law
2. Labour law
3. Tax on temples
4. Revenue law about records of land rights
Answer
D. Revenue law about records of land rights
It governs the preparation and updating of the Record of Rights.
Which Act was primarily designed to deal with eviction of unauthorised occupants from government land?
1. Registration Act, 1908
2. Pass Books Act, 1971
3. AP Land Encroachment Act, 1905
4. Inams Abolition Act, 1956
Answer
C. AP Land Encroachment Act, 1905
The Land Encroachment Act of 1905 deals with unauthorised occupation of government land.
A reason why wrong entries in revenue records are dangerous for a temple is that they:
1. Make it easier for others to claim and encroach
2. Raise income
3. Help the institution claim more land
4. Cause no problem
Answer
A. Make it easier for others to claim and encroach
A wrong entry is the first step to loss of land by claims and encroachment.
To prove who has been cultivating a plot in a given year, the best record is the:
1. Festival calendar
2. Hundi account
3. Adangal
4. Inventory of jewels
Answer
C. Adangal
Adangal records the cultivator and crop for each season.
Who has the main duty to keep temple records in step with revenue records?
1. The tenant
2. The Executive Officer
3. A visiting pilgrim
4. The donor
Answer
B. The Executive Officer
The EO must keep the temple register and revenue entries matching.
An aim of the law on endowment leases is to:
1. Transfer the land to the lessee in time
2. Allow private deals
3. Avoid any records
4. Get the best income and keep the land for the institution
Answer
D. Get the best income and keep the land for the institution
Leases must benefit the institution and not give the lessee a path to ownership.
If an encroacher claims that the land is his own, the matter is decided by:
1. The village elders
2. The temple priest
3. The proper court or tribunal
4. The EO alone
Answer
C. The proper court or tribunal
Title disputes are decided by the competent court or tribunal. Meanwhile the record stands.

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