A common situation in village land records: a man sells his land to another by a registered sale deed, but continues to cultivate or occupy the land himself. Sometimes this is by mutual understanding between the two; sometimes it is because oral conditions agreed at the time of registration were never fulfilled. The question then arises: if the seller is still in occupation even though the sale deed stands in the buyer's name, is the seller an illegal occupant? And is he therefore not entitled to a Pattadar Pass Book? The Commissioner of Survey, Settlements & Land Records has clarified the position.
The Situation That Was Raised
The point placed before the Commissioner was framed as follows. For easy reading, we will call the person who sold the land the seller, and the person who purchased it the buyer. The original clarification used the letters 'A' and 'B' for them.
- The seller sold the land to the buyer by a registered sale deed.
- But the seller is still enjoying the land. This may be because of a mutual understanding between the two, or because oral conditions mutually agreed upon at the time of registration were never fulfilled.
- In such cases, the query noted, the seller has to be entered in the occupation column of the R.O.R. register — notwithstanding the fact that the buyer purchased the land.
- The question: is the seller to be treated as an illegal occupant? And is he therefore not entitled to a pass book, on the footing that he falls under Category-2, i.e., illegal occupant of the lands of pattadar?
The problem is a familiar one in practice. A registered sale deed transfers title on paper, but possession on the ground may stay with the seller for a variety of reasons — family arrangement, an unpaid portion of the price, an oral condition about reconveyance, or simple delay. The revenue records then have to decide how to describe the person actually in occupation.
The View Put Forward in the Query
Before turning to the Commissioner's answer, it helps to see what was being proposed in the query itself. The query put forward a specific position:
- That the seller has to be entered in the occupation column of the R.O.R. register — even though the buyer holds the sale deed.
- That the seller is therefore an illegal occupant.
- That the seller is not entitled to a Pass Book, because he would fall under Category-2 — illegal occupant of the lands of pattadar.
The Commissioner's clarification does not simply adopt this view. Instead, it points out that the answer depends on a fact that the query had left unstated — whether transfer of registry was actually effected in favour of the buyer after the sale. That single fact changes everything.
The Clarification in Brief
The clarification turns on whether transfer of registry was done in favour of the buyer after the sale. If it was, and the buyer is the pattadar, then the buyer will get the pass book as occupant. If it was not done, the seller continues to be the pattadar and is eligible for the pass book as pattadar. Whether transfer of registry should now be done in favour of the buyer while updating the R.O.R. is to be decided as per Rule 9 of the A.P. R.O.R. in Land and Pattadar Pass Book Rules, 1989.
| Question | Where a seller sold land to a buyer but the seller continues in occupation, is the seller an illegal occupant? Is the seller entitled to a pass book? |
|---|---|
| Key fact to be checked | Whether transfer of registry was effected in favour of the buyer after the sale. |
| If transfer of registry was done | The buyer is the pattadar and will get the pass book as occupant. |
| If transfer of registry was not done | The seller continues to be pattadar and is eligible for the pass book as pattadar. |
| Future transfer of registry | Whether it should now be done in favour of the buyer while updating the R.O.R. is to be decided as per Rule 9 of the A.P. R.O.R. in Land and Pattadar Pass Book Rules, 1989. |
The Two Branches of the Answer
The clarification is deliberately conditional. It recognises that a registered sale deed and a change in the revenue record are two different things, and that the record may or may not have been updated. The two branches are set out side by side below.
| Question | If mutation was done in favour of the buyer | If mutation was not done |
|---|---|---|
| Who is the pattadar in the record? | The buyer | The seller |
| Who gets the pass book? | The buyer, as occupant | The seller, as pattadar |
| Position of the seller | Not the pattadar in the record; his continued possession is a separate question | Continues as pattadar in the record |
| Next step | The record already reflects the buyer; occupancy issues, if any, are separate | Whether mutation should now be done in favour of the buyer is decided as per Rule 9 of the ROR Rules, 1989 |
Two things stand out from this comparison:
- The sale deed alone does not decide who gets the pass book. What matters is who stands as pattadar in the record of rights — and that depends on whether mutation was actually carried out.
- If mutation was not done, the seller remains the pattadar. In that situation, the seller is not treated as an illegal occupant for purposes of the pass book. He is eligible for the pass book as the pattadar of record.
Rule 9 of the ROR Rules, 1989
The clarification does not decide, one way or the other, whether mutation should now be carried out in favour of the buyer. It points instead to Rule 9 of the A.P. R.O.R. in Land and Pattadar Pass Book Rules, 1989, which governs how transfer of registry is to be dealt with when the R.O.R. is being updated. In other words: the question of whether to bring the buyer into the record now is not left to informal practice; it is to be decided under the procedure laid down in Rule 9.
This is important for two reasons:
- It keeps the process rule-bound. The officer updating the R.O.R. must follow the procedure in Rule 9, not act on the basis of who happens to be in possession or who holds the sale deed.
- It separates the two questions. Whether the buyer should now be recorded as pattadar is a separate question from whether the seller is an illegal occupant. The clarification answers the second only conditionally, and refers the first to Rule 9.
What This Means in Practice
For anyone caught in this situation — seller or buyer — the clarification suggests a few practical steps:
- Check the R.O.R. first. Look at the record of rights to see who is shown as pattadar today. That, and not the sale deed alone, determines who gets the pass book.
- If mutation was done, the buyer is the pattadar of record and gets the pass book as occupant. Any dispute about possession on the ground is a separate matter.
- If mutation was not done, the seller remains the pattadar of record and is eligible for the pass book as pattadar — even though the sale deed stands in the buyer's name.
- To change the record now, follow Rule 9. Whether transfer of registry should be effected in favour of the buyer while updating the R.O.R. is to be decided under Rule 9 of the ROR Rules, 1989.
- Oral conditions and side understandings do not automatically delay the record. The clarification treats the record and the ground position as separate questions, and points to the rule for resolving the former.
An Important Caution
Read this clarification in context. It addresses how the revenue authority is to describe the parties in the record of rights and who is entitled to a pass book. It does not decide questions of title, and it does not settle disputes about possession, oral agreements, or unfulfilled conditions between the parties. Those are matters for the civil courts. Rules and procedures have changed since 1989, and land records have moved online. Before relying on this clarification for a sale, mortgage, or court matter, get advice from a qualified lawyer.
Key Takeaways
- The answer depends on whether transfer of registry was effected in favour of the buyer after the sale.
- If mutation was done, the buyer is the pattadar and will get the pass book as occupant.
- If mutation was not done, the seller continues to be pattadar and is eligible for the pass book as pattadar — notwithstanding the sale deed in the buyer's name.
- Whether transfer of registry should now be done in favour of the buyer while updating the R.O.R. is to be decided as per Rule 9 of the A.P. R.O.R. in Land and Pattadar Pass Book Rules, 1989.
- The clarification does not simply accept that the seller is an illegal occupant under Category-2. That conclusion was put forward in the query; the clarification instead turns on whether mutation was carried out.
Frequently Asked Questions
If a seller sold land to a buyer but continues to enjoy it, who gets the Pattadar Pass Book?
It depends on whether transfer of registry was effected in favour of the buyer. If it was, the buyer is the pattadar and gets the pass book as occupant. If it was not, the seller continues to be the pattadar and is eligible for the pass book as pattadar.
Is the seller an illegal occupant just because the buyer has the sale deed?
Not automatically. The clarification does not adopt the view that the seller is an illegal occupant under Category-2 simply because the buyer holds the sale deed. The answer turns on whether mutation was actually carried out in the buyer's favour.
What if mutation was done in favour of the buyer?
Then the buyer is the pattadar in the record and will get the pass book as occupant. Any issue about possession on the ground is separate.
What if mutation was not done?
Then the seller continues to be the pattadar in the record and is eligible for the pass book as pattadar, even though the sale deed stands in the buyer's name.
Can the record now be changed to bring the buyer in as pattadar?
Whether transfer of registry should be done in favour of the buyer while updating the R.O.R. is to be decided as per Rule 9 of the A.P. R.O.R. in Land and Pattadar Pass Book Rules, 1989.
Does the clarification decide title or possession disputes between the seller and the buyer?
No. It addresses how the parties are to be described in the revenue record and who is entitled to a pass book. Questions of title, possession, oral conditions, and unfulfilled agreements are matters for the civil courts.
Disclaimer: This article is for general information only and is based on a 1989 clarification. Laws and procedures have since been amended, and land records have moved online. Please verify the current position with the revenue department or a qualified legal professional before acting.
Want the full picture of the Act? Read our complete guide.
AP Pattadar Pass Books Act 1971: Complete Guide
