The
purchase of property is one of the most valuable decisions in the life of all;
it contains lots of legal terms, fees and necessary documents. It is our duty
to be clear about all the necessary documents involved in the property buying
process. There is a 7/12 extract required for property purchase in Maharashtra.
This is one of the most important papers, when the buyer is willing to invest
in semi-rural areas of the state to buy a plot. We all know that Maharashtra
has prohibited the use of this document in the urban areas of the state
including the suburban areas of Mumbai, these document only matters in areas
where land plots do not have city survey numbers. This document is
traditionally called "Saath Baara Utara".
This
document provides complete information about each particular land and is
defined as an extract from the land register of any district in Maharashtra.
This document is issued by the Tehsildar or the concerned land authority of the
area concerned. This document contains some important details which are as
follows:
· Survey number of land.
· Size of the land.
· Type of land irrigational.
· Crops planted on the land.
· Location of the land with respect to the
infrastructure facilities like roads and water bodies.
· Availability of the loan by the owner or
cultivator.
· Reason for the loan like the purchase of
seeds, pesticides, and fertilizers.
· Loan extended to the landowner by government
agencies.
This
document originated from the "Bombay
Land Reclamation Act 1948". All the records of the land are maintained
by the revenue department of the government.
Why is this
document required?
This
extract will serve as proof of land title. It can be used to check if there are
any previous disputes related to the property. All of this is one of the most
important documents for sale in the Registrar's Office and for the loan
requirement. And also to define the exact location of the land along with all
the activities done on the land in the past. For agricultural land, this
document will have a description of all the crops that were grown on the land,
mutation entries and outstanding debts. It also helps owners identify whether
the land is arable or non-agricultural.
7/12
extracts are named after two forms that are used to collect information for
extracts:
· Village Form VII where it records complete
details of owner and owner rights.
· Village Form VII which records the
agricultural aspects of the land.
Information
on both these forms is set out and set out in the "Maharashtra Land
Revenue Records of Rights and Register Rules, 1971". To obtain
information, extracts of registers related to that land are given.
How to get
7/12 extracts online?
This
document can be availed from the Tehsildar office and you can get the documents
online either by following the steps given below:
1. Visit Maharashtra government’s website.
2. Select the division, district, taluk, and
village name from the list given on the website.
3. You can search any of the following details:
- Survey number/
group number of the property.
- First name of the
owner.
- Ancestral owner
of the property.
- Last name of the
owner.
- Full name of the
owner
The
latest update about this document is that from May 1, 2020, zamindars will be
able to print 7/12 land record receipts online, and to ensure that the document
is provided with a digital signature on it.
Can you
transfer a title to a 7/12 extract?
Industry
experts state that this extract is not proof of any established title and
therefore one cannot transfer title based on 7/12 as it does not serve as proof
of ownership.
The comment
of Section 43 Bombay Tenancy and Agricultural Land Act 1948.
In
this extract the land will be purchased by the tenant under the related
provision of the law, but now the tenant needs to obtain permission from the
District Collector to transfer or sell the land. If this happens without the
permission of the collector, the sale will be considered illegal.
The remark
of section 36 Maharashtra Land Revenue Code 1966.
This
section deals with tribal land transfer. This section states that if any land
is occupied by tribal people, it cannot be transferred to non-tribal people
without obtaining permission from the District Collector. This transfer has no
legal stance and cannot be accepted.
Regarding
fragmentation of land:
If
certain portions have been sold by the title holder, the entry will be made in
the right column, as it is transferred due to fragmentation of the land, this
means that the land has been sold to the government and the rest of the land
sold. Cannot be obtained without obtaining permission from government
officials.
Entry of
protected land:
Section
4-A of the Bombay Tenancy and Agricultural Land Act 1948, in this law, if a
person lawfully cultivates any land belonging to any other person, it shall be
deemed that the tenant, subject to the condition of any such land, shall be deemed
to be the owner. In this case, the land cannot be transferred without the
permission of the government if it is not a family member or servant of the
landowner. These entries need to be carefully examined while purchasing any
land.
