The importance of 7/12 legal extract

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:

Name of the owner and its cultivator

·     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.