Myths

Why to buy/invest in an agriculture land?

INVESTMENT in the agricultural land, as a real estate, can rate prime amongst many available, property-options. This trend is emerging and increasing steadily. The businessmen, industrialists, builders and financiers are plunging into this activity, with lot of enthusiasm. Even upper middle class is ushering into this traded investment in agriculture land. Some have already jumped into it and some others are ready to jump to it. Farm-owner seems to be the newest status symbol. How to acquire this enchanting an enthralling status symbol in Maharashtra? Agrilands is the one stop solution for it all.

How to become a farmer?

As stated above, an agriculturist can only buy a land in Maharashtra and as per Maharashtra Land act an agriculturist is the one who holds an agriculture land anywhere in india and possess a 7/12 extract in his name. The purchaser agriculturist has to produce proof of he being an agriculturist by submitting 7/12 extract in his favour, to the land revenue officer – Talathi of the respective village, without which ownership of such purchased agricultural land/s cannot be transferred. Note: If wife or husband prior to her or his marriage, either of is an agriculturist the other automatically becomes agriculturist and there after their children by succession. States such as Rajasthan and Madhya Pradesh are lenient in terms of purchase of agriculture land. One can buy an agriculture land in these states without being an agriculturist. So technically after purchasing a small parcel of land say 13 bhigha one becomes and agriculturist and thus can purchase land in Maharashtra with the help of such ownership in Rajasthan/M.P. in 7/12 document Agrilands provides services of obtaining farmer certificate for its clients to ensure smooth process of purchase of agriculture land.

What can be done on an agriculture land?

Varied activities can be done on an agriculture land such as building one’s farm house, cattle rearing, fruit plantations, floriculture etc which can be an asset in itself apart from being a source of revenue generation. For different commercial purposes such as plotting projects, resorts or leisure concept projects land has to be converted into Non-Agriculture land (N.A) and thus taken for the use accordingly.

Ceiling on holding of agricultural land in the state of maharashtra

Agricultural land’s Ceiling on Holding Act, 1961 The basic objective of fixation of ceiling on landholdings is to acquire land above a certain level from the present landholders for its distribution among the landless. It is primarily a redistributive measure based on the principle of socio-economic justice.
This act is restricting the size of holdings which a person or family can own. Acquisition of land in excess of the ceiling is prohibited. Land rendered surplus to the ceiling is taken over by the state and distributed among the weaker sections of the community.
Any person or family cannot hold land in excess of ceiling area fixed on 26thSeptember1961. Person or family cannot transfer surplus land until the land in excess of the ceiling area is determined under the act. (Section 8) A person possessing land in excess of ceiling area cannot acquire land by transfer. (Section 9)
The land held by individual or the family of the Maharashtra State or the part of India is to be taken into consideration while calculating the ceiling area.
For fixing ceiling areas lands have been classified in five classes as detailed below:
Class of land Acres
Land with assured supply of water for irrigation and capable of yielding at least two crops in a year 18
Land, which has assured supply of water for only one crop. 27
Land which has un-assured supply of water for only one crop. 36
Dry Land situated in Mumbai Sub Urban District and Districts of Thana, Raigad, Ratanagiri, Sindhdurg, Bhandara, Gadchiroli, Sironcha talukas of Chandrapur District which is under paddy cultivation for continuous period of three years. 36
Dry Crop Lands other than all above lands. 54

Important information and documents required before buying an agriculture land

  1. 7/12 Extract (Village Form VII-XII):This the basic document of title and recording a record of rights herein the A-land survey no. with Hissa No, Ghat No, measurement of agriculture Land area , name of the owner/ hold/tenant along with the types of the crop taken. It is available from the Talati of the village.
  2. 6 & 6/12 extracts: 6/12 extract denotes various mutation entries pertaining to different types of rights attached to or created or transferred to the legal heirs or other person in respect of particular land. It records how the agriculture land has changed hands and what other rights are created on it. It is read in conjunction with the 7/12 extract. Sat-bara (Village Form VII-XII)
  3. 8/A extract: This is in the form of a booklet containing therein the details of Payments of Land Revenue tax, types of crop taken, owner’s name, etc. Together with 7/12 & 6/12 extract, 8/A extract gives a full view of the title.
  4. Land Revenue Tax Receipts:The Tehsildar upon payment of Land-Revenue Tax issues them to the agriculturists and other cases if any
  5. Part – Village-Map & Block Plan: This is to be obtained to locate, identify and tally the location of the agriculture land vis- a-vis the Physical location of the agriculture land.
  6. Size, shape & dimensions of the plot: There are to be noted with a particular view to determine and verify the access to the agriculture land, existing or proposed. It should be tallied by an actual survey of the agriculture land.
  7. Soil testing: this is very important in order to plan out the crop- pattern to be undertaken suitable to the qualities of the A- lands. Government Agencies as well as private laboratories do this.
  8. Reservations or Acquisitions, if any: Road and other public purposes by P.W.D., Zillah panchayat, dam, water, projects, canals, forest, industrial zone. Etc. to be inquired with different concerned authorities’ viz. BMRDA, corporation, panchayat, states government.
  9. Agricultural land ceiling: categories of lands and respective limits to be ascertained and related. NOC to be obtained from the competent authority. The sale is always subject to and should confirm to the agricultural land ceiling act of the state Government.
  10. Original title deeds: These should be thoroughly checked by the competent legal advisor to determine the clear and marketable title of the agriculture land.
  11. Legal search report & public notice: These are to be taken out to further investigate the title of the agriculture land under sale by an Advocate.
  12. Encumbrances, if any:Bank or private party mortgagee, charge, lien, etc. to be ascertained and should be settled before the deal is finalized or the document is registered.
  13. Litigation at revenue courts, collector, mamlatdar, civil court or High court, if any:All the related paper should be studied to know the effect of these litigations on the title of the agriculture land under sale.
  14. Demarcation and survey and boundary: DILR and circle inspector are the authorities to conduct an official survey of the agriculture land by proper demarcation.
  15. Disputes of boundary, if any:These are essential to be sorted out and fix the Demarcation lines to know the exact boundaries form all sides.
  16. Claims of outsiders, if any: Any karja/boja on agriculture land by the Agriculturist should be settled first before the conveyance of the agriculture land.
  17. Family disputes, if any: There are to be known first and in advance to settle every concerned person’s individual and joint rights and interests before the payment is parted with.
  18. Agriculture land belonging to cultivators: This is also not saleable agriculture land. The collector or Revenue Tribunal doesn’t grant sale permissions to the cultivator to sell his land to anyone, usually. Therefore, agriculture land with Kul-holding u/s 32G should not be bought.
  19. Agriculture land belonging to Adivasi: These should never be bought by a non-Adivasi, it can only be sold to another Adivasi.
  20. Valuation report of agriculture land: This should be obtained from the registered evaluater and the agreement should be made keeping in view this report or there about.
  21. Agreement to sell: This should be drafted, executed and registered by a competent Advocate putting there in all relevant terms and conditions.
  22. Power of Attorney: This should be obtained from the Vendors to the Buyers for necessary follow up at various revenue offices and other persons.
  23. Deed of conveyance: This is to be, finally, executed duly stamp -duty paid.
  24. Registration of deed: This conveyance must be duly registered with the registrar of assurances for the legal effect.
  25. New 7/12 extract shall, then, reflect the name of the new-owner, i.e. the buyer.

How to read a 7/12 extract

The extract highlights information of the land by its Survey number and Hissa no, Name of the taluka or tahsil and Village in which the land is located, Name of all the persons (other than tenants) who are holders, Occupants, Owners or Mortgagees of the land or Assignees of the rent or revenue, Names of Government Lessees or Tenants including the tenants within the meaning of the relevant tenancy law, Nature and extent of their respective interest of such persons and the Conditions or Liabilities attached with respect to such land, Area of the land, Type of Tenure.
Format of VII-XII :

(Whether alienated Land or un-alienated, if un-alienated, whether occupant class-1, class-2 or government lessee), Mutation numbers from the register of mutation, Khate no, Area of land fit for cultivation, Area of uncultivable land, Tax to be paid, Judi to be paid, Boundaries and Survey remarks, Crop Season, Type of crop taken, Type of cultivation – whether irrigated or rain fed, Name of the farmer other than owner if any. It also records loans extended to the land owner given by government agencies, including the purpose – such as loans or subsidies for buying seeds, pesticides or fertilizers, for which the loan was given, the loans could be given to the owner or the cultivator, other rights on the land, such as easement rights, details of charges of attachment and decrees under the order of civil court or revenue authorities, whether land classified as fragment under section 6 of the Bombay preventions of Fragmentation and consolidation on holding act 1947, If right is acquired by heir ship, names of heirs with whom land is not in actual possession and so on. Furthermore, in the state of Maharashtra, the said extract issued by the revenue authorities reflecting all the above details of land is in the local language of the state i.e. Marathi Language, which makes it difficult for a person not proficient with the language to understand it. Additionally, the details of the land covered and mentioned in the extract are governed by vast range of laws, especially in relation to the ownership of land, Occupant class, whether a piece of land can be transferred or not and if transferable to whom it is transferable, whether prior permissions are required or not before the transfer from competent authorities and so on. Therefore, it is utmost important to understand the terminology and the laws governing to a land in such an extract even before a land is acquired.

ANALYSIS: VII-XII HOW READ?

Now, that we have summarized the above contents of the VII-XII extract, analysis of the each of them is essential in order to understand their respective meaning and how each should be understood in its clear and precise terms in relation to one another. Subsequently, also various laws applicable to a particular piece or the holding of a land and the restrictions on their transfer are to be noted along with its applicable provisions respectively. Analysis of form VII and XII is done in two parts VIZ- Part A and Part B Below: –

ANALYSIS OF VILLAGE FORM NO: 7 (RECORD OF RIGHTS) (Refer Illustration above)

GAAV NAMUNA SAATH (ADHIKAR ABHILEKH PATRAK) – Village form 7 (Record of Right) – The heading of the extract denoted by its own name, the rights recorded of the persons in relation to a piece of land. However it also denotes liabilities attached to a particular land.

GAAV – Name of the village – Showcases the name of the village in which land is situated.

TAHSIL – Tahsil or Taluka – Is a sub-division of a district in which land is located.

BHUMAPAN KRAMANK – Survey number/ Gut No – A number put up for the land not less than the minimum area specified in section 82 of MLR code 1966, after a survey conducted by government revenue authorities under sub-rule (1) of rule 3 of Maharashtra Land revenue (Revenue surveys and sub-division of survey number) rules 1969.

BHUMAPAN KRAMANKANCHA UPBHIVAAG – Sub-division of survey number – A number put up for every holding of which the area is less than the area specified in the section 82 of MLR code 1966, shall be separately measured, calcified and assessed and entered in land records as sub-division of a particular survey number, under sub-rule 2 of rule 3 under Maharashtra Land revenue (Revenue surveys and sub-division of survey number) rules 1969.

BHUDHARANA PADDHITI – Type of occupancy – Bhudharana means “Occupancy” and Paddhiti means “Type”. This is itself very crucial and important column in the extract and should be carefully noted. Under section 29, of the M.L.R Code 1966, persons are classified into occupant class-1 and class-2. Also, it extends information about the land held by government lessee.

Occupant class- 1, persons classified into this class is free to transfer the agricultural land without the permission of collector in favor of a person who is an agriculturist. Whereas, persons classified under Class- 2 are the persons as tenants who had purchased the land under the provisions of the Bombay tenancy and agricultural lands act 1948, Lands granted by government to the schedule cast, schedule tribes, freedom fighters, members of army forces, ex-service men. This occupant class-2 is allowed to transfer only after the Collector’s permission. However, No sanction from the collector is required when land is to be mortgaged in favor of government.

7634 – Circled Entry mentioned in the illustration, is called as Mutation entry – Is an entry from the register of mutation (village form – VI), showcasing how a person acquired right’s in a particular piece of land. Whether by – Transactions of purchase or sale, Division (distribution) of land, Mortgage Deed, Tenancy Rights, Hereditary succession Rights, Registered Lease, Gift, Adoption, Merger of Sub-section, Loan, Maintenance, Donations, Administration, Relieving of Rights, compensation etc., By Addition Deletion document, By order of civil or revenue court. Unless the entry in mutation register is certified it should not be recorded in record of rights. Any pencil entry of mutation number in the records of rights is endorsed, that would certainly mean that the entry is not certified as per rule 13 of Maharashtra land revenue record of rights and registers (preparation and maintenance) rules, 1971.

KHATE KRAMANK – Account No – This is an account number from khate pustika issued under M.L.R Khate – Pustika (Booklet) (Preparation, Issue and Maintenance) Rules, 1971. Wherein the khata no (Account number of the land holder) is mentioned. Also, the village form- VIII A contains details of khatedar’s name (Account holder name) and his Khate number (Account number) and taxes payable by him is entered by talathi. Every land holder is provided with the khate booklet.

KUDANCHE NAAV – Name of tenant – Law recognizes two classes of tenant i.e. contractual tenant and deemed tenant under the relevant tenancy law.

For instance: Land purchased by a tenant under section 32-M of the Bombay tenancy and agricultural lands act 1948.

SHETACHE STHANIK NAAV – local Name of the field – Considering shape or location of the field, farmers have given names to their field. For example; Uhalacha Mal (Field where spring water is flowing). Local names are quite useful for finding out the exact location of the land.

LAGVADI YOGAYA SHETRA – Area fit for cultivation – Area of land fit for cultivation is mentioned underneath this column in Acres, Guntha, Hectares or Ares.

POTKHARABA – LAGVADI YOGAYA NASLELE – Area unfit for cultivation – Area of land unfit for cultivation is mentioned in this column in two categories.

  • VARG (A) – Category (a) – under this category consists of that land area which is uncultivable due to rocky area, land under Nala and farm building.
  • VARG (B) – Category (b) – under this category consists of that land area which is uncultivable due to land reserved for public purposes i.e. Road, Recognized Foot path and public place for drinking water etc.

AAKARNI – Assessment – The amount of Assessment tax charged on land is mentioned here.

JUDI KIVVA VISHESH AAKARNI – JUDI TAX OR SPECIAL ASSESSMENT – Judi means, the revenue paid by the person to whom the land is given by inamdar or government.

ITAR ADHIKAR – OTHER RIGHTS – Other rights on land is again an important column to be carefully looked for when identifying the extract. It may consists of several other statutory or general obligations on land such as restriction on land transfer or liabilities on the holder or encumbrances on land or other rights attached to the land. Entries in this column can completely make the transaction invalid if overlooked. Thus, it is very essential to look for other claims, restrictions, obligations or rights of third parties on the land before even acquiring it.

HOW TO READ A 7/12 EXTRACT

1 ACRE = 43,560 SQ.FT 4046.85 SQ MT 4840 SQ YARDS 40 GUNTHA
1 GUNTHA = 1089 SQ.FT 101.285 SQ MT 121 SQ YARDS 0.0249 Acres
1 HECTARE = 107639 SQ.FT 10,000 SQ MT 11959.8 SQ.YARDS 2.47 Acres
1 ARES = 1076 SQ.FT 100 SQ MT 119.59 SQ.YARDS 0.0247 Acres

VARIOUS DIFFERENT ENTRIES IN THIS COLUMN WHICH MUST BE CAREFULLY NOTED SUCH AS BELOW:

कु. का. क. नौंद – ENTRY OF SECTION 32-G (TENANCY ACT) IN THE OTHER RIGHTS COLUMN: Lands under this category are private lands, which are allotted to kool (Tenant) for cultivation, against payment of yearly rent payable by the said kool to the landlord. Under the provisions of Bombay tenancy (protected) act (kool-kayda) the lands under cultivation by such tenant as on 1-4-1957 (Tillers day), such kool being statutory purchaser automatically becomes the holder of such land, had it been the said tenant has paid appropriate value (Nazarana) to the government and have obtained a Sanad / certificate under section 32 M of the act and thereafter such land can be sold and not otherwise. In some of the cases even today it is seen that encumbrance i.e. 32-G is mentioned by way of mutation entry in the other rights column on 7/12 extract. Which means that the said tenant (even in possession of land) has not paid the appropriate value (Nazarana) to the government and obtained necessary Certificate / Sanad under section 32-M of the act and to that extent the land is encumbered. In such circumstances the holder cannot sale such land unless the appropriate value (Nazarana) is paid to government and necessary permission is obtained.

कु. का. क. ४३ ला नौंद – ENTRY OF SECTION 43 OF TENANCY ACT IN OTHER RIGHTS COLUMN: Section 43 – Restrictions on transfer of land purchased or sold under Bombay tenancy and agricultural lands act 1948: Lands purchased by tenant under the provision of the act are not allowed to transfer land without the permission of the collector. The collector may grant permission for transfer of land in any of the following circumstances, namely:-

  1. That the land is require for agricultural purpose by industrial or commercial undertaking in connection with any industrial or commercial operations carried on by such undertaking;
  2. That the transfer is for the benefit of any educational or charitable institution;
  3. That the land is required by a co- operative farming society;
  4. That the land is being sold in execution of a decree of a Civil Court or for the recovery of arrears of land revenue under the provision of the code;
  5. That the land is being sold bona fide for any non-agricultural purpose;
  6. That the land is being sold by a land owner on the ground that –
    • He is permanently giving up the by profession of an agriculturist, or
    • He is permanently rendered incapable of cultivating the land personally;
  7. That the land is being gifted in favour of-
    • The bodies or institution mentioned in section 88A and clauses a & b of section 88B or
    • A member of land-owners family;
  8. That the land is being exchanged-
  9. With the land of equal or nearly equal value owned and cultivated personally by the member of the same family; or
  10. With the land of equal or nearly equal value situate in the same village owned and cultivated personally by another land owner with a view to forming compact block of his holding or with view to having better management of the land:

Provided that, the total land held and cultivated personally by any of the parties to the exchange whether as an owner or tenant or partly as does not exceed the ceiling area as a result of exchange;

  1. That the land is being leased by a land owner who is a minor; or a widow or person subject to any physical or mental disability or the member of the armed forces or among the land owners holding the land jointly;
  2. That the land is being portioned among the heirs or survivors of the deceased land owner;K. That the land is being mortgaged in favour of society registered or deem to be registered under the Maharashtra Co-op Societies Act 1960 for raising a loan for paying the purchase price of such land.
  3. That the land is being transferred to the person who by reason of acquisition of his land for any development project has been displaced and requires to be resettled.

Where sanctioned for sale of land given in the circumstances specified in the clauses a, b, c, e, or if it shall be subject to the condition of the land owner paying to the State Government a nazrana equal to 40 times assessment of the land. In the case of portioned sanctioned under clause “j” it shall be subjected to the condition that they are allotted to each sharer shall not be less than the unit specified by the State Government under clause c of sub section I of sub-section 27.

However a recent amendment is been made to this section, published in the gazette of government of Maharashtra on 7th Feb 2014 which states for addition of a provision after the existing provision under the said section, the following provision shall be added, namely as – “Provided further that, no such previous sanction shall be necessary for the sale, gift, exchange, mortgage, lease or assignment of the land in respect of which ten years have elapsed from the date of purchase or sale of land under the sections mentions in this sub- section to the conditions that-(a) Before selling the land, the seller shall pay a nazarana equal to forty times the assessment of the land revenue to the government; (b)the purchaser shall be an agriculturist; (c) the purchaser shall not hold the land in excess of the ceiling area permissible under the Maharashtra agricultural lands(ceiling on holdings) Act, 1961. And (d) the provisions of the Bombay prevention of fragmentation and consolidation of holdings act 1947 shall not be violated.

कलम ३६ व ३६ अ ला अधीन नौंद – ENTRY OF SECTION 36 AND 36-A OF MAHARASHTRA LAND REVENUE CODE 1966 IN OTHER RIGHTS COLUMN: Under the section 36A, the land of a tribal cannot be transferred in favor of any non-tribal without the permission of state government or collector as the case may be. Henceforth, this entry should be carefully noted and permission of the collector or the state government is sought before any such land is transferred in favor of non-tribal. Normally, such extract bears a rubber stamp showing the land as adivasi land holder. But often sometimes talathi forgets to put such a stamp; thus, it should be wise to inquire this aspect as well before purchasing.

अ. पा. क. नौंद – ENTRY OF MINOR GUARDIAN IN OTHER RIGHTS COLUMN: Guardian cannot sell minor’s share in the property without prior court’s permission under Hindu minority and guardianship act. Such permission must be obtained before buying such a land held by minor guardian. Sale of such property cannot be done without prior permission of the court as held by Supreme Court in Saroj V/s Sunder Singh and others (25.11.2013, S.C).

हिंदु अविभक्त कुटुंब or प्रमुख नौंद – ENTRY OF HINDU UNDIVIDED FAMILY OR KARTA ENTRY IN OTHER RIGHTS COLUMN OR UNDER OCCUPANT COLUMN: In case of land held by HUF, according to mitakshara School of Hindu law, a karta can sell a property without any family member’s consent only in certain circumstances i.e. in times of distress (apatkale); for the sake or benefit of the family and for pious purposes (dharmarthe), which means “time of distress”, that affects the family. Therefore, it is essential to find out why the property is being sold. It is important to know that Hindu married women born after 1956 have an equal right of inheritance in an ancestral property. Thus while buying such a land it is substantially necessary to check how much each of the members is receiving as their share in the ancestral property. Also further, it is wise and safe enough to obtain No-objection certificate (N.O.C) from all the parties concerned or a copy of resolution passed amongst all the members of Hindu undivided family.

In case of the land held by karta of a Hindu undivided family (HUF), the karta has all the powers to manage the family and its assets, being the head of the family. However, karta is not an absolute, independent, individual owner of the property. Each coparcener has a share, right, title and interest in the ancestral property. Thus it is essential for a buyer to know the individual share of each coparcener before buying such a land if their share is not mentioned in the VII-XII extract. Additionally, it is of utmost importance for a buyer with his diligence to find out whether the property or a land he is buying is ancestral (inherited) or self-acquired. In case of ancestral property, the karta’s identity and the reason for sale has to be enquired and getting in writing from the karta that he holds the consent of all the other coparceners of the family. Many times, coparceners may have received their share of the property but it is possible that they may not be satisfied with their share thus it is again essential to find out from such coparceners whether they are satisfied with their share or not. The eldest male member in three generations Great grandfather, grandfather, father and son – are called as coparceners. They have a definitive right to the ancestral property from the time of conception. After 2005, sons and daughter are also equal coparceners.

खाजगी वन जमीन नौंद – ENTRY OF PRIVATE FOREST LAND IN OTHER RIGHTS COLUMN: Private forest land is transferable if the word (खाजगी) private is mentioned. Lands covered under sea bed, creeks below high water mark, rivers, nalla’s, lakes, tanks etc. are government lands, if private ownership is not reflected and hence not transferable without permission.

खाजगी वन जमीन नौंद – ENTRY OF PRIVATE FOREST LAND IN OTHER RIGHTS COLUMN: Private forest land is transferable if the word (खाजगी) private is mentioned. Lands covered under sea bed, creeks below high water mark, rivers, nalla’s, lakes, tanks etc. are government lands, if private ownership is not reflected and hence not transferable without permission.

A. member of the owners family, or B. a servant on wages payable in cash or kind but not in crop share or a hired labourers cultivating the land under the supervision of the owner or any member of the owner’s family, or C. a mortgagee in possession. Thus necessary permission before sale of such land has to be obtained from the collector or state government as the case may be.

खाजगी वन जमीन नौंद – ENTRY OF PRIVATE FOREST LAND IN OTHER RIGHTS COLUMN: Private forest land is transferable if the word (खाजगी) private is mentioned. Lands covered under sea bed, creeks below high water mark, rivers, nalla’s, lakes, tanks etc. are government lands, if private ownership is not reflected and hence not transferable without permission.

शासनाचा / बँकाचा / गहाण नौंद – ENTRY OF GOVERNMENT LIEN, BANK LOAN, MORTGAGE IN OTHER RIGHTS COLUMN: Details of the Government lien, bank loan or land under mortgage is mentioned here. All such liabilities must be fulfilled or permission must be obtained by the government authorities or banks by the seller before such land is transferred or sold.

वहीवतदार देवस्थान ईनाम नौंद – ENTRY OF VAHIVATDAR DEVASTHAN (TEMPLE) INAAM (AWARDS-GIFT) IN OTHER RIGHTS COLUMN: The lands awarded by the state government to religious trusts, temples or to a person for his distinguished services, for their use and occupation are Inami / vatan lands which cannot be transferred by such person or body holding inami / vatan rights without permission of the government. However this category is no more operative as the inami / vatan rights are abolished by law.

There are about two types of devasthan’s (I) Government Devasthan (entries which are recorded in village form. 3 and (II) Private Devasthan (These entries are not recorded in village form.3) As per the public charity act, the punch committee is appointed on temple / darga. But on the record of VII-XII, only the name of god is recorded. It is not permitted to record the names of the punch committee on the extract. Land alienated register shows which lands in a village are owned by devasthan. Register is available at all tahsils, collector’s office and in the land alienation office.

It is not admissible to transfer or sale of the devasthan lands. However, under exceptional circumstances the land can be transferred with the pre-permission of government and approval of charity commissioner. Tenancy act may be applied to devasthan land but, if the devasthan trust had taken concession as per provision of section 88 , then for such tenant demand for purchase cannot be made under section 32-G of tenancy act. The name of God / Devasthan is usually shown under the occupant column and the name of vice-regent (Vahivatdar) is shown in the other rights column with an underline mark. Name of Pujari, Mahant, Mathadhipat, Trustee, Mutavali and Kazi entered in the other rights column are not considered to be the tenants nor can they file case of adverse possession in civil court. The hereditary rules are applicable to devasthan land but it could not be distributed in heirs nor could it be transferred from one family to another family.

कोर्ट / लवाद / दावा असलेलली नौंद – ENTRY OF COURT AND ARBITRATION PROCEEDINGS IN OTHER RIGHTS COLUMN: Details of charges of attachment and decrees under the order of civil court or revenue authorities and arbitration proceedings (Pending proceedings- Lis- pendency) is mentioned underneath the other rights column in some extracts. Such land should however be avoided to be purchased before disposal of proceedings and if the transaction is done it would be void.

कर्ज / तगाई न भऱलेमुळे सरकार जमा / अकारपड नौंद – ENTRY OF SEIZED BY GOVERNMENT DUE TO NON PAYMENT OF LOAN / TAGAYI IN OTHER RIGHTS COLUMN: Tagayi refers to any loan granted by government and recoverable by a talathi under any law for the time being in force. Such kind of entry in 7-12 extract must be considered before buying or purchasing the land. All loans and tayagi must be prepaid by the seller or as understood between the parties to the contract before the transaction is completed.

पीक पाणी सदरी गवत नौंद / खराबा नौंद / पड जमी / घरपड नौंद – ENTRY OF NON- CULTIVABLE AND WASTE LAND IN OTHER RIGHTS OR FORM 12 (REGISTER OF CROPS): Such land is however not advised to be purchased due to its unproductivity and hence should be avoided although it is transferable.

सरकारी आऱक्षण / स्थानिक संस्था आऱक्षण / रसता आऱक्षण नौंद – ENTRY OF GOVERNMENT RESERVATION, LOCAL SOCIETY RESERVATION, ROAD RESERVATION ETC IN THE OTHER RIGHTS COLUMN: Entries pertaining to reservation on lands are mentioned in the above form. Before acquiring it is very important to know such reservations and also easement rights on the land if any along with physical inspection of land.

सरकारी आऱक्षण / स्थानिक संस्था आऱक्षण / रसता आऱक्षण नौंद – ENTRY OF GOVERNMENT RESERVATION, LOCAL SOCIETY RESERVATION, ROAD RESERVATION ETC IN THE OTHER RIGHTS COLUMN: Entries pertaining to reservation on lands are mentioned in the above form. Before acquiring it is very important to know such reservations and also easement rights on the land if any along with physical inspection of land.

तुकडा जमीन नौंद – ENTRY OF LAND CLASSIFIED AS “FRAGMENT” – Land Classified As Fragment, should be recorded under section 6 of the Bombay prevention of the fragmentation and consolidation of holdings act, 1947 in other rights column:

Section 7 of the above lays down restrictions on transfer of fragments. Transfer and lease of fragments – (1) No person shall transfer any fragment in respect of which a notice has been given under sub-section (2) of section 6 except to the owner of a contiguous survey number or recognised sub-division of a survey number. Provided that the holder of such fragment may mortgage or transfer it to the State Government or a land mortgage bank or any other co-operative society as security for any loan advanced to him by the State Government or such bank or society, as the case may be. (2) Notwithstanding anything contained in any law for the time being in force or in any instrument or agreement no such fragment shall be leased to any person other than a person cultivating any land which is contiguous to the fragment.

The above provision must be carefully noted before transferring any fragment land as defined and classified under the act.

वारस नौंद – ENTRY OF RIGHT ACQUIRED BY HEIRSHIP IN OTHER RIGHTS COLUMN: If right is acquired by heir ship, the names of all the heirs with whom land is not in actual possession is mentioned under this entry. This entry is mentioned from the register of heir ship cases and issued under village for – VI C.

महाराष्ट्र कृषी जमिनी (होल्डिंग मर्यादा) 1961 नौंद – ENTRY UNDER MAHARASHTRA AGRICULTURAL LAND (CEILING ON HOLDINGS) ACT 1961: Any person or family cannot hold land in excess of ceiling area fixed on 26th Person or family cannot transfer surplus land until the land in excess of the ceiling area is determined under the act.(Section- 8) A person possessing land in excess of ceiling area cannot acquire land by transfer. (Section-9)The land held by individual or the family of the Maharashtra State or the part of India is to be taken into consideration while calculating the ceiling area.

नवीन शर्त नौंद – ENTRY OF NAVIN SHARTH IN 7/12 EXTRACT: NAVIN SHARTH Land means ‘Bhogwata (Occupancy class-2) “Juniya Sharti Nusar (As per old conditions) is written I.e. old restrictions which have to be complied to possess or transfer a land. Now the old restrictions are changed and new restrictions are implemented in place so it is “navin shart”(New Conditions), as per the new restrictions to convert the land, you need to pay to the government appropriate tax and obtain permission before the transfer of land.

खालसा नौंद – ENTRY OF KHALSA LAND IN OTHER RIGHTS COLUMN: The lands of which inami / vatan rights are abolished are known as khalsa lands, even though in private possession. Such holder cannot sale khalsa lands without prior permission of government. The state government can permit sale only after recovering appropriate (Nazarana) from the seller as determined by the collector and not otherwise. It is essential for the purchaser that where the charge of government is mentioned as khalsa in 7/12 extract, he should verify and confirm that the permission of sale and transfer is obtained from the collector and appropriate value (Nazarana) is paid to government prior to transaction

Analysis of village form 12

MARATHI TERMS FROM THE EXTRACT – XII ENGLISH CONVERSION OF MARATHI TERM EXPLANATION (IF ANY)
GAAV NAMUNA 12(PIKANCHI NONDVAHI) Village Form 12 (Register of crops) Heading of the lower part of the extract.
VARSH Year The year in which the crop is or was grown.
HANGAAM Season The season in which the crop is grown I.E. Whether kharif or Rabi.
PIKA KHALIL SHETRA Area under crops Total area of land covered by crops is mentioned and subdivided into various categories of crops such as Mishr pike (Mixed crops), Ghatak Pike (Crops and area below each component) and Nirbhar Pike (Refined crops).
MISR PIKEACHE EKUN SHETRA Area covered by mixed crops Total area of land covered by mixed crops.
GHATAK PIKE VA PRATEK PIKANCHE SHETRA Exclusive crops and area under each crop Total area of land covered by each exclusive crop.
NIRBHAR PIKANCHE SHETRA Area of Nirbhar crops (Refined Crops) Total area of land covered by refined crops
PADIT VA PIKAS NIRUPYOGI ASA JAMINICHA TAPSHIL Information of unusable Land. Total area of land waste land and unusable for crop cultivation.
PAANI PURAVTYACHE SAADHAN Means of water supply. Instrument for water supply
JAMIN KASNYARACHE NAAV Name of the cultivator. Name of the cultivator other than farmer if any is mentioned here.
SHERA Remarks, comments or observations Any other remarks or a particular character of a land is mentioned here.
JAL SINCHAN irrigated Whether a land is water irrigated or rain fed is mentioned beneath this column.
AJAL SINCHAN Anhydrous irrigated Whether a particular piece of land is cultivated with the help of a substance if it contains no water, for example, salts lacking their water of crystallisation.
PIKACHE NAAV Name of the crop. Names of the crop cultivated.

What can be done on an agriculture land?

Land can be called non agricultural land, if any activity in the nature of development is carried over on the land which makes land unfit for cultivation.

Under section 44 of the Maharashtra Land Revenue Code 1966, before carrying out any development on the land, an eligible person has to apply to the collector for the permission to convert the use of agricultural land for any non-agricultural purpose, or to change the use of land from one non-agricultural purpose to another non-agricultural purpose.

Form of application for permission to convert use of land- Every application for permission for the conversion of use of land from one purpose to another as provided in Section 44 is required to make in the form in Schedule I to the Collector.

Document required to be attached with the application form

For obtaining N.A. Permission, applicant has to attach documents as mentioned below:

  1. Prescribed form duly filled in duplicate with court fee stamp of rupees 5/-
  2. Extract of V.F. 7/12 and its 4 xerox copies,
  3. Copies of the all the relevant mutation entries (V.F. 6) pertaining to land in question….one set,
  4. If record is not available in revenue office, a certificate from the Revenue Officer stating there in that the same is not available with him. (Talathi or Tahasildar as the case may be),
  5. Extract of village form8 A….one copy
  6. Certified copies of the land map from the Taluka Inspector, Taluka Land Record Office
  7. 8 copies of site plan and 8 copies of *building plan (*if permission is asked for constructing building)
  8. If the land is not abutting to any classified road and right of way over the boundaries of other survey number/Gat number is acquired, then extract of the relevant V.F.7/12 and V.F. 6 ,
  9. If the land in question is abutting EW, NH or SH, copy of the NOC from Highway Authorities or other appropriate authority,
  10. NOC from concern Grampanchyat/Municipal councils,
  11. If the N.A. permission is already granted and application is to be made for change of use of land, then copy of the NA order and sanctioned plan is to be attached,
  12. If the land is attracting provisions of Bombay Tenancy and Agricultural Lands Act, 1948 then the Sale Permission received under section 43/63,
  13. No dues certificate from farmer’s co-op society,
  14. Certificate received from the Talathi stating therein that the land in the question is not under acquisition.
  15. Any other documents such as NOC and clearance certificate etc, if the land attracts provisions of some other laws
  16. If temporary permission is already granted for layout and application is made for final permission under the circumstances, then please attach the below documents:
  17. Copy of temporary NA order permission
  18. Plan prepared by survey department after subdivision of land in the plots, roads, open spaces and amenity places etc.
  19. 8 copies of the Architect’s plan
  20. Extract of V.F. 7/12 and its 4 zerox copies and
  21. Copy of the mutation entry (V.F. 6) related to the temporary NA permission.

The Collector has to follow the procedure as mentioned below for granting permission to convert the use of agricultural land for any non-agricultural purpose or to change the use of land from one non-agricultural purpose to any other non-agricultural purpose:-

Collector has to send a copy of one application form to the concerned Tahasildar for collecting detailed information of the land in question.

If the area is within the jurisdiction of a Municipal Corporation or Municipal Council, the Collector consults them with reference to acquiring the building permission.

When there is no Municipal Corporation or Municipal Council, the applicant has to submit a “No Objection Certificate” to the Collector, which is to be acquired from the Gram Panchayat of the village, for the change of use of land.

If the land falls within the limit of any Regional Plan prepared under provisions of MRTP Act 1966, the Collector shall grant permission in confirmative toDevelopment Control Regulations prepared by planning authorities and special planning authorities.

In addition to the Development Control Regulations prepared by the planning authorities and special planning authorities (which are the instruments of regulating development), there are other laws, rules & regulations, policies as well which aid the development control efforts.

There shall be no contravention of the provisions of any law, or any rules, regulations or orders made or issued under any law for the time being in force, by the State or Central Government or any local authority, statutory authority, Corporation controlled by the Central or State Government or any Government Company pertaining to management of Coastal Regulation Zone, or of the Ribbon Development Rules, Building Regulations, or rules or any provisions with regard to the benefited zones of irrigation project and also those pertaining to environment, public health, peace or safety. The collector is required to consult the authorities dealing with these subjects.

These authorities may give clearance for development under some conditions; these conditions shall be binding on the applicant and such other conditions as the collector may, under the order of the State Government impose.

List of some of the authorities functioning important role In Development Control are given below.

  • Town Planning Department
  • Health Department
  • The Mumbai Village Panchayat Act, 1958
  • Laws Related to Development Along Roads
  • Mumbai Highways Act, 1955
  • National Highway Act 1956
  • Environment (Protection) Act, 1986
  • Indian Forest Act, 1927
  • Forest Conservation Act, 1980
  • Maharashtra Acquisition of Private Forests Act, 1975
  • Minor Mineral (Extraction) Act, 1955 and Explosives Act, 1984

For more details of these authorities visit “The other Development Control Authorities”. Apart from the conditions imposed by these authorities, there are other basic conditions as well, which shall be binding on the applicant and also such other conditions as the collector may, under the order of the State Government impose. The basic conditions are as follows:

The grant of permission shall be subject to the provisions of the Code and Rules made therein.

The land shall not be used for a purpose other than that for which permission is granted;

The applicant should commence the non-agricultural use within one year from the date of order, made by the Collector. Failure to do so, the permission granted shall be deemed to have lapsed, unless the Collector extends the said period from time to time.

The applicant shall be liable to pay such altered assessment as may be determined with reference to the altered use under Section 110, or as the case may be, Section 114;

If the permission is for building site, then in addition to the above,

The applicant shall level and clear the land sufficiently to render it suitable for the non agricultural purpose for which the permission is granted

The applicant shall not use the land and the building erected thereon for any purpose other than the purpose for which the permission is granted. Under a circumstance, where the applicant wants to use the land for any other purpose, he will have to obtain the permission of the Collector under the provision of the code and the rules made therein.

Applicant shall not divide the plot or subplot without prior permission of collector,

Plan annex to the application is sanctioned under the conditions given below:

Demarcation is to be done as per provisional sanctioned lay out and should get surveyed through Taluka Inspector, Land Record for obtaining final permission. Permission for building shall be granted only after the completion of this procedure.

It is responsibility of the applicant to maintain the width of the road as per the sanctioned lay out. Also he shall construct a road along with drainage system, suitable for vehicular traffic

Applicant shall attach the sanctioned layout plan while applying for building permission.

Applicant shall plant trees on both sides of the road and it will be his responsibility to ensure the sustainability of this plantation.

If the provision for supply of drinking water system does not exist in the area, then it is the responsibility of the applicant to make the necessary arrangement.

If the permission is given under ‘Gaothan Extension Scheme’, then the sale of plot is restricted to local people only.

It is mandatory for the applicant to not impede the natural ways of water or he will have to provide alternate arrangements.

Applicant shall not sell plot prior to obtain final permission.

Applicant shall inform the Tahsildar in writing through the Talathi the date on which the change of user of land commenced, within thirty days from such date. If the applicant fails to inform the Tahsildar within the period specified above he shall be liable to pay in addition to the non-agricultural assessment such fine as the Collector may, subject to rules made in this behalf, direct but, not exceeding five hundred rupees.

Applicant shall pay fee for survey within one month from the date of NA use. Also he shall fixed compound to outer boundary of the scheme.

Applicant shall execute sanad in prescribed form within one month from the date of NA use.

Applicant shall erect building within three years from the date of grant of sanad. If applicant fails erect building within stipulated period, the collector may extend the period in his discretion. Also he shall liable for fine

On event of violation of any terms or conditions imposed while granting permission, the permission shall be cancelled. Also applicant shall be liable for fine.

The above terms and conditions are binding on both applicant and holder of the plot.

Collector may refuse permission for conversion of land

Depend upon location of the land collector may require to consult some of the authorities mentioned above. After receiving opinions from them if collector feels that N.A. permission asked for is in contradictory to the laws, rules, regulations and policies which aided the development control efforts, he may reject the application with stating the reasons in writing.

Collector is required to inform his decision within the ninety days from the date of acknowledgement of the application, or from the date of receipt of the application-- if the application is not acknowledged, the permission applied for shall be deemed to have been granted, but subject to N.A. permission asked for is not in contradictory to the laws, rules, regulations and policies which aided the development control efforts.

Date on which NA use started is required to inform the Tahasildar

The person to whom permission is granted or deemed to have been granted under this section shall inform the Tahsildar in writing through the Talathi the date on which the change of user of land commenced, within thirty days from such date. The person has to pay N.A. taxes from the date on which NA use begins.

If the person fails to inform the Tahsildar within the period specified above he shall be liable to pay in addition to the non-agricultural assessment such fine as the Collector may, subject to rules made in this behalf, direct but, not exceeding five hundred rupees.

Grant of Sanad-

Where land is permitted to be used for non-agricultural purpose, a Sanad shall be granted to the holder thereof in the form in Schedule IV if the land is situated outside the jurisdiction of the Planning Authority, and in the form in Schedule V if the land is situated within the jurisdiction of the Planning Authority.

Sanad is agreement between government and occupant. Conditions of sanad are binding on both the government and occupant. Sanad is prima facie evidence of title but not conclusive evidence.

Penalties for unauthorised non-agricultural use-

If any land is used for non agricultural purpose by occupant without obtaining permission, it is lawful for the collector to stop its unauthorised use, ask him to pay NA taxes and penalty.

Regularisation of unauthorised use-

Where permission for non agricultural use was possible but occupant had not taken care to apply for permission, under the circumstances collector may regularized his unauthorised use, subject to the following terms and conditions, namely:-

That the holder shall pay the amount of conversion tax leviable and shall pay non-agricultural assessment on the land with reference to the altered use since the commencement of that use

That the holder shall pay such fine not exceeding 10forty times the non-agricultural assessment on the land with reference to the altered use,

That the holder shall abide by the conditions specified in column “B” above so far as they are applicable, and such other conditions as the Collector may deem fit to impose.

Continuance of offending unauthorised construction-

Where the unauthorised non-agricultural use is contradictory to land used plan prepared for that area by the concern authorities and the Collector is satisfied that the demolition of the offending unauthorised construction is likely to cause heavy damage and serious inconvenience and hardship, he may, if the holder so desires, and in areas falling within the jurisdiction of Planning Authority, after consulting such Planning Authority, allow such construction to stand, with the sanction of the State government, subject to conditions (i) and (ii) in “G” and the additional conditions-

That the holder shall pay a composition fee not less than fifty percent of the cost incurred on the offending unauthorised construction or forty times the non-agricultural assessment payable on the land with reference to the altered use, whichever is greater

That the holder shall agree in writing to demolish the offending unauthorised construction without claiming compensation if after reasonable period thereafter, he is asked to do so by the Collector, in the public interest, failing which the Collector shall do so at the holder’s risk and costs

[Provided that, if the Collector having regard to the pecuniary condition of the holder is of opinion that undue hardship will be caused to the holder by the recovery of the amount of composition fee laid down in condition(a), and that the offending unauthorised construction was not constructed by the holder with the knowledge that it was unauthorised, the Collector may, with the sanction of the State government, reduce the amount of composition fee payable by the holder under condition(a) to such extent as he may think fit.] “forty times the non-agricultural assessment on the land” means forty times the non-agricultural assessment, only on that area of the land which is under unauthorised non-agricultural user

On Regularisation Sanad shall be granted-

When any unauthorised non-agricultural use permitted to be continued under “G” or “H”, a Sanad in the form in Schedule VI shall be granted to the holder.