The Right To Information Act came into existence in the year 2005, to provide transparency in the working of government officials and empower the citizens of India. Under the act, an RTI application can be filed to seek the information from any Public Authority. It is one of the most influential act passed by the Government of India to curb corruption.
Any RTI application can be filed in almost all the issues that come under the government or any public authority. Expect for the ones which concern national security. The common issues for which a common person like you and I would require to file an RTI are cases of delayed passport, delayed IT returns or pension payouts, Land disputes etc.
In case you are looking for some information related to how RTI can help solve Land Dispute issues, then here we are revealing it all…
RTI for Land Disputes - Does it Help? How to go about it?
A land dispute can occur due to many different scenarios and for most parts RTI may be applicable.
Such cases can be fraud in the registration of the property which initially belonged to someone else or dispute over the area of the property between two parties. Refer this checklist of real estate red flags to be alert.
Chiefly, the land disputes cases are of the following types:
#1. Fake land registration
A situation might arise in which your registered land might belong to some other person initially, or somebody might claim that the registered land belonged to him. Chances are there could be person(s) trying to sell you a land without proper authority or permission/authority from the actual owners. This could land you in trouble.
Whatever the scenario, you can use RTI to know the facts about the land’s registration and also know the rightful owners.
The authority which maintains land and property related records is a public authority and comes under the ambit of RTI.
By Section 2(f) of the RTI act, it can be used to obtain various ownership related documents of the property. The information can then be used to substantiate your case. You can also seek redressal of your grievance at an appropriate forum.
#2. Land dispute
In the case of land dispute RTI can help out. Chances are the land you are about to buy is under litigation and you are not aware of it, or someone else has claimed the land and thus resulted in a dispute. As the authorities maintaining land records is a public authority, such information can be obtained via RTI application. The information relating to the land records in terms of measurements, area, ownership can be obtained. You could also get details about the instances where surveys and measurements were conducted by the authorities.
The status of your requests for obtaining measurements as well as the reasons for the delay in inspection could also be obtained. By Section 2(f) of the RTI Act, copies of the relevant documents and records could also be obtained.
#3. Encumbrance certificate
The encumbrance certificate is a mandatory document used in property transactions as an evidence of free title/ownership. And encumbrance certificate (EC) ensures that there is a complete ownership of the property without any monetary or legal liability.
This copy encumbrance certificate of the property can be obtained under RTI act. As mentioned above, again since the authority dealing with land records is a public authority, as per Section 2 (f) of the RTI Act, certified copies of relevant documents and records could also be obtained.
Using RTI to know about the owner(s) of a particular property as of a prior date:
As seen above, the copies of the documents relating to the property can be easily obtained by filing an RTI. Various details like the previous owners or documents relating to ownership, dimensions of the land or any other relevant details could also be obtained.
How to file an RTI application for Land Disputes?
To file an application, you should know the following details:
Name of the authority to which the application should be addressed
Details of the property (e.g. plot number)
The district under which it falls
The RTI can be filed in the following format:
Following things should be kept in mind:
Make sure you address properly to the concerning authority (Public Information Officer). There are many authorities which deals with different kinds of land disputes.
If the authority is a public authority, then RTI can be directly used. However is the authority is private authority - like a builder or a private developer for instance, then you need to address the request to the public authority that is governing the private authority.
There should not be clubbing of points even if the information is repeated.
The information should be properly addressed in English language, Hindi or the local language - if acceptable by the authority. And should be in proper format. One small mistake can result in the rejection of RTI application.
Finally send the application via speed post (that is via Indian Postal services only - no couriers etc.) along with the required fee.
Filing of an RTI application is not an easy task, it may be tedious at times. Lots of research, adhering to the proper format and many other small details should be kept in mind. And this is often the case why people refrain from filing an RTI. Like you or I will not have this amount of time and patience plus not necessarily we are well-versed with the technicalities of it all.
But what if there was a way to make this all very-very simple! Yes, where people like us can just file the RTI like we fill a simple signup form or just write an email - something as simple as that. Someone who would listen to us and do all the hard work for us….
Luckily there is such a thing….
Using OnlineRTI.com to file an application in case of Land Disputes:
If all the above process is deterring you to not access your right to get the right information, then here is something to cheer you up.. So let your RTI related worries go and relax and file an RTI.
Here is a a simple, easy and safe method of filing an RTI application with OnlineRTI.com:
With the help of OnlineRTI.com you can easily file an RTI application without any hassels or living your home.
You just need to follow the following simple steps:
Fill the form, in plain English - Click Here to get started.
Enter your basic contact details, basic Property details and Submit!
Our team of RTI Experts will contact you and understand the complete thing and draft an application on your behalf.
You will be constantly notified and the final draft will be sent for your approval.
As soon as we receive your approval, the application will be send to the concerning officer/authority.
Government officers will reply directly to you.
Hence all the work is reduced to six simple steps and leave the rest to us. In addition to it, the whole procedure will cost only INR 399/-, which can be paid online or even via Paytm.