How to read a Nagaland land holding certificate and what sits behind it
Article 371A, clan and community land, the Village Council, the Gaon Bura and the circle officer: what a Nagaland land holding certificate tells you and what else to check.
For most land in Nagaland, the document that says who holds a plot is a land holding certificate from the Village Council. It is not a printout from a government register, and it is read differently. Knowing what it rests on tells you what else to check.
What it rests on
Article 371A of the Constitution keeps Acts of Parliament on the ownership and transfer of land and its resources from applying to Nagaland unless the state Assembly decides otherwise. Land is held under Naga customary law, and each village's Village Council, set up under the Nagaland Village and Area Councils Act, 1978, is where that law meets the paperwork.
The kinds of land
- Clan land
- Owned by a clan. A transfer generally needs the clan's agreement, not only the occupying family's.
- Community land
- Owned by the village, such as forest and grazing land. No one person can sell it as their own.
- Individual land
- Owned by a person or family, by clearing, inheritance or purchase. It is the kind most often sold.
What to check on the certificate
- Who issued it: the Village Council of the village where the land lies, and who signed for it, often including the Gaon Bura.
- The holder, and whether the land is individual, clan or community land.
- The boundaries, usually described by neighbours, streams and paths, and the khel if given.
- Whether it has been countersigned by the administrative officer of the circle, which banks and offices commonly ask for.
- Any sketch attached, and whether it matches the deed and the ground.
Who may acquire land
Transfers of land to people who are not indigenous inhabitants of Nagaland are restricted, which is why the indigenous inhabitant certificate comes up in land matters. Disputes that the village cannot settle go to the customary courts, including the Dobashi courts attached to the Deputy Commissioner's office.
From the certificate to the map
A certificate describes boundaries in words. Joining its sketch with the neighbours' sketches on one canvas is how you check that the words, the drawings and the ground agree before a sale, a loan or a partition.
🔗 Nagaland land and customary tenure glossary →Frequently asked questions
Who issues a land holding certificate in Nagaland?+
The Village Council of the village where the land lies, often with the Gaon Bura's signature. Banks and offices commonly want it countersigned by the circle's administrative officer.
Is a land holding certificate the same as a patta?+
No. A patta is a revenue title to a numbered plot, found mainly around Dimapur. A land holding certificate is the Village Council's confirmation of who holds customary land.
Can someone from outside Nagaland buy land there?+
Transfers to people who are not indigenous inhabitants of the state are restricted. Whether a particular transfer can go ahead is a question for the Deputy Commissioner's office and an advocate.