Land Laws in Maharashtra: Short Q and A: Part 3

 

Vande Matram!

This article is compilation of Short Questions and Answers on land laws in Maharashtra State of India. Read them carefully and note down for your knowledge.

Land Laws in Maharashtra: Short Q and A: Part 3

·         What is mean by ‘sale’?

o   The word “SALE” defined under Section 54 of “The Transfer of Property Act, 1882” is a transfer of ownership in exchange of price paid or promised or part-paid and part-promised.

·         What is mean by ‘deed’?

o   A deed (anciently evidence) is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions sealed.

·         What is mean by ‘Sale Deed’?

o   The word “SALE DEED” otherwise called as “Conveyance Deed” is a legal written document executed by the vendor and the purchaser which evidences the sale and transfer of ownership of the tangible immovable property.

·         What is use of ‘30 years revenue record’ or ‘search report’?

o   A search report traces the history of a property who was the original owner of the property and how it has moved hands over a period of time before reaching the present seller. The report traces any charges or encumbrances created on the property and their present status-whether the charges have been met and the property has been released, or if there are some charges pending still.

·         Who can prepare a search report?

o   A search report is usually prepared by an advocate, who after visiting the registrar’s office and inspecting the property documents, issues a title certificate.

·         Where one can inquire about the title of property?

o   One may do a survey of the title of the property himself also by visiting the office of the registrar.

·         What is period of a search report?

o   A search report of a property is taken for a period of the past 30 years.

·         Is Search Report of a property mandatory?

o   Yes, It is mandatory for a developer to annex a copy of the report in the ‘agreement to sell’ with the intended purchase.

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Land Laws in Maharashtra: Short Q and A: Part 2 ·

 

Vande Matram!

This article is compilation of Short Questions and Answers on land laws in Maharashtra State of India. Read them carefully and note down for your knowledge.

Land Laws in Maharashtra: Short Q and A: Part 2

·         What is use of Village map or block map?

o   Village map or block map issued by Talathi of the village is used to identify and tally the location of the land on the document. It is also called as Gaon Nakasha or Talathi Nakasha.

·         Why size, shape and dimensions of the land are noted?

o   The size, shape and dimensions of the land are noted with a particular view to determine and verify the access to the land.

·         How size, shape and dimensions of the land are noted?

o   The size, shape and dimensions of the land are noted by actual survey of the land.

·         What is measurement sheet of a land?

o   Measurement sheet of a land is the actual map drawn using proportionate scale after actual survey of the land which denotes size, shape, dimensions along with positions of tress, poles, any construction, well etc. on that land.

·         What is approach road to land?

o   Approach road is a road connecting that land with rest of the village, town or city.

·         Where the data of approach road is maintained?

o   The data of the approach road is maintained in the Register-26 of the Panchayat office.

·         Why soil testing is necessary?

o   Soil testing is necessary to know the chemical composition of a land so that proper crops are cultivated on such land. Also fertilisation of such crops is done properly to get better yield and earn profit.

·         Why it is necessary to know the position of underground water of a land?

o   It is necessary to know the position of underground water of a land to dig well or bore well for agricultural cultivation, and to implement proper water harvesting system on that land.

·         Who are the authorities to conduct an official survey of the land by proper demarcation?

o   District Inspector of Land Record and Circle Inspector are the authorities to conduct an official survey of the land by proper demarcation.

·         Why sale permission of a land is required to be obtained?

o   Sale permission of certain land is to be obtained otherwise the that sale may be declared null and void and mutation entry will not be carried out.

·         What is a cultivators land?

o   A land with Kul-holding under section 32G of the Bombay tenancy and agricultural lands act 1948 is called cultivator.

·         Who cannot grant permission of sale of cultivators land?

o   The collector or the Revenue Tribunal cannot grant permission of sale of cultivators land.

·         When a land is called non-agricultural land?

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

·         How an agriculture land is converted into non-agriculture land?

o   To convert an agriculture land into non-agriculture land, an eligible person has to apply to the collector for such permission under Section 44 of the Maharashtra Land Revenue Code 1966 before carrying out any development of such land.

·         Which documents are required to attach with the application under Section 44 of the Maharashtra Land Revenue Code 1966 to change the use of land from agriculture to non-agriculture?

o   Documents required to attach with the application under Section 44 of the Maharashtra Land Revenue Code 1966 to change the use of land from agriculture to non-agriculture are:

§  Prescribed form duly filled in duplicate with court fee stamp of rupees 5/-

§  Verified 7/12 extract and its 4 xerox copies

§  Copies of the all the relevant mutation entries i.e. 6D extract pertaining to land in question

§  Measurement Sheet

§  Proposed layout plan

·         What is building and land approval?

o   Building and land approval is the approval given by the town planning authority to the builder or constructer who applies for the approval for the construction of his project.

·         What are the contents of the building and land approval?

o   Building and land approval contains all the technical details of the building including the area to be used for construction, different type of plan, and schedule of openings, Transferable Development Rights (TDR) area statement, etc.

·         Who is having authority to create a building plan or layout plan?

o   Generally an architect is having authority to create a building plan or layout plan. But the certified civil engineer is also having the authority to create a building plan or layout plan.

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Land Laws in Maharashtra: Short Q and A: Part 1

 

Vande Matram!

This article is a compilation of Short Questions and Answers on land laws in Maharashtra State of India. Read them carefully and note down for your knowledge.

Land Laws in Maharashtra: Short Q and A: Part 1

·         Which acts govern agricultural land in Maharashtra?

o   Ans. In Maharashtra Agricultural lands are governed by

§  1) The Bombay Tenancy and Agriculture Lands Act, 1948.

§  2) The Maharashtra Land Revenue Code,1966 &

§  3) The Maharashtra Agricultural lands (Ceiling on Holdings) Act, 1961.

·         What is definition of Agriculture as per statutory provisions in Maharashtra state?

o   Agriculture, thus, encompasses the raising of crops, grass, fruits, flowers, etc. but it does not include allied pursuits like diary, poultry, grazing, livestock-breeding, wood-cutting etc.

·         What is meaning of Land Revenue in statutory provisions of Maharashtra State?

o   Land revenue means all sums or payments in money, received or legally climbable by or on behalf of the state Government from any person on account of any land or interest therein.

·         What types of payments are included in land revenue?

o   Land revenue includes cess, rate, premium, rent, lease-money, quit rent, Judi or other fees and charges declared under any rule, act, contract or scheme which is in force.

·         What is Non Agricultural Assessment Tax?

o   Non Agricultural Assessment Tax means the assessment tax fixed on any land put to use for a non-agricultural purpose.

·         What is 7/12 extract?

o   In Maharashtra, the basic document of title and recording a record of rights is 7/12 extract.

·         What type of information is written on the 7/12 extract?

o   A 7/12 extract includes Hissa, Gat number or survey number, measurement, land area, name of the owner or holder or tenant or occupant, types of the crop taken, ect.

·         Who gives you 7/12 extract of your land on application?

o   Talathi of the village where your land is situated gives you 7/12 on application.

·         What is 6/12 extract?

o   A 6/12 extract of a land 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.

·         What are other names of 6/12 extract?

o   6/12 extract is also called as Fer Far, Mutation extract, Hakka Patra, 6D extract, D Patrak, and 6 extract.

·         What are types of 6/12 extract?

o   6/12 extracts are of two types – 6C extract and 6D extract

·         What 6C extract include?

o   6C extract of a land includes the mutation entry of deceased owner or previous owner of that owner.

·         What 6D extract include?

o   6D extract of a land includes the mutation entry of present owner.

·         What is 8A extract?

o   8A extract is the document showing details of owner, land, types of crops taken on that land, payments of land revenue tax, village map or block map of the land, and size, shape, dimensions of

·         Why 8A extract should be presented to Government?

o   8A extract includes record of payment of land revenue tax of the land and it will be easy to get the knowledge of this record from the one single document. Hence it is necessary to have 8A extract updated time to time and present it to Government whenever needed.

·         Who issues land revenue tax receipts and when?

o   Land Revenue Tax Receipts are issued by the Talathi/ Tehsildar upon payment of Land-Revenue Tax and other cases to land owner.

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