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A Beginner’s Guide to Understanding Zoning Laws in India15 Must Know Criteria for Purchasing Agricultural Plot in Maharashtra
- 7/12 Extract - Can be acquired from the nearby Talathi office or conveniently downloaded from the website - https://mahabhulekh.maharashtra.gov.in/. To obtain it, you must have the District name, Taluka, Village name, and Gat/Sr number or Owner's Name readily available.
- 6/12 Extract - Also known as Fer Far, Mutation extract, Hakka Patra, or D Patrak, contains multiple entries documenting the transfer or creation of various rights to legal heirs or land purchasers.
- 8-A Extract- Provides comprehensive information about land revenue tax, crop types, owner names, and more.
- Land Revenue Tax Receipts-The Tahsildar issues official receipts for land revenue tax payments.
- Soil Testing-If the Land is for crop cultivation, conduct soil testing.
- Reservations or Acquisitions - Check if any portion of the Land has been acquired by P.W.D, Panchayat, Irrigation, State Government, or other entitie.
- Agricultural Land Ceiling-The land size must comply with the Land Ceiling Act of Maharashtra.
- Litigations-Prior to proceeding with the sale deed of the land thorough examination of any existing litigations is crucial.
- Gaon Nakasha-The map is essential for pinpointing the land's location within the village.
- Original Title Deed -A legal advisor must verify the Original title deed to avoid legal disputes.
- Access Roads - Obtain confirmation from the Revenue office and maintain a record of the approach road in Register-26 of the Panchayat office.
- Original Title, Deed-The legal advisor must examine the original title deed to ensure the land is free from any legal disputes and possesses a clear title.
- Disputes relating to boundaries -Settle these types of disputes well in advance before commencing the sale deed process.
- Claims from outsiders – Before the sale deed, it is important to resolve any claims such as boja, isaar, power of attorney, or any other legal claims.
- Family disputes – It is crucial to address and resolve any family disputes, joint-ownership issues, succession entries, and related matters well before the sale deed.
Mere Ownership of Agricultural Land Not Enough to Claim Agricultural Income, Rules ITAT
(ITAT) The Income Tax Appellate Tribunal , Chennai Bench, has held that simply owning agricultural land is not sufficient to justify claims of agricultural income. In a significant ruling, the Tribunal upheld the addition of 50% of the assessee’s declared agricultural income as unexplained under Section 68 of the Income Tax Act.
The assessee had filed his return declaring substantial agricultural income.
A search was conducted at his premises, after which assessment proceedings were reopened.
Assessment Officer’s Findings
The taxpayer claimed ownership of about 47 acres of wet and dry land.
However, he failed to provide supporting evidence of cultivation, such as:
- Land-revenue records (Chitta, Adangal)
- Details of agricultural expenditure
- Proof of sale of agricultural produce
Due to lack of documentation, the Assessing Officer treated the entire agricultural income as unexplained credit.
CIT(A) Observations
Only patta documents (land ownership) were submitted; no cultivation-related records were provided.
The assessee was unable to demonstrate actual agricultural operations.
Considering the circumstances, the CIT(A) accepted 50% of the declared agricultural income as reasonable and treated the remaining 50% as unexplained.
ITAT’s Decision
The Tribunal upheld the view of the CIT(A) and dismissed the assessee’s appeals for both assessment years.
Key observations:
Ownership of land does not automatically prove agricultural activity.
No evidence of expenditure, crop details, yield, or sales was produced.
Income claimed as agricultural income must be backed by verifiable records.
The ITAT concluded that treating half of the agricultural income as unexplained was justified.
Key Takeaways
Taxpayers claiming agricultural income must maintain:
- Cultivation records
- Expense details
- Sale receipts or proof of buyers
Mere possession of agricultural land is not enough to support agricultural income claims.
Inaccurate or unsubstantiated claims may lead to additions under Section 68 as unexplained credits.
1. What is Khudkasht?
The word Khudkasht comes from old land-revenue systems in India.
It means land that is personally cultivated by the owner.
Cultivation can be done by:
- the owner himself,
- the owner’s family members,
- or hired labour working under the owner’s supervision.
It also includes land earlier recorded as Sir, Havala, Niji-jot, etc., in old settlement records.
2. Legal Meaning of Khudkasht
Indian tenancy and land revenue laws clearly define what counts as “personal cultivation.”
Even if owners like widows, minors, or disabled persons cannot personally supervise cultivation, the land can still legally be considered Khudkasht.
Courts have explained that Khudkasht land must be under direct control and use of the landowner, not tenants.
3. Key Features of Khudkasht Land
- Land is directly cultivated by the landowner, not rented out.
- Land is recorded in revenue records specifically as Khudkasht.
- Rights are connected to personal use, not to tenancy.
- Transfer of Khudkasht land can have restrictions, depending on state laws.
- These rights can be passed on to legal heirs.
4. Why Khudkasht Matters in Real Estate
A. Ownership Rights
Khudkasht holders have strong rights because they cultivate the land themselves.
These rights often continue even after changes in land laws.
B. Transfer Restrictions
Khudkasht land usually cannot be sold or transferred freely like normal freehold land.
Some transfers may require government permission or may not be allowed at all.
C. Effect on Land Value
Because of limited transfer rights, Khudkasht land often has lower market value compared to freehold land.
D. Loan & Finance Impact
Banks may be hesitant to lend large amounts on Khudkasht land.
Restricted ownership lowers the land’s mortgage value.
Summary
- Khudkasht = land personally cultivated by the owner.
- Includes owner’s labour, family labour or supervised hired labour.
- Clearly defined in law and supported by court judgments.
- Transfer often restricted → lower market value.
- Important for inheritance, loans, and development.
- Always check revenue records before buying.
1. What is an Occupant?
- A person who legally holds and uses government land (unalienated land).
- Not a tenant, not a trespasser, not a temporary user.
- The Maharashtra Land Revenue Code (MLRC 1966) divides such landholders into classes.
Class I, Class II and Class III (Government Lessee)
2. Occupant – Class I
- Full rights over the land.
- Can sell, gift, transfer or mortgage the land without restrictions (in most cases).
- Land is almost like freehold land.
- Land is highly valuable and easy to transfer.
- People who had strong land rights before 1966 usually fall in this class.
3. Occupant – Class II
- Have land in perpetuity (permanent), but with restrictions.
- Cannot sell or transfer land freely.
- They need Collector / Government permission for any sale or transfer.
- If they transfer without permission, the land can go back to the government.
- Land value is lower due to restrictions.
- Some older leaseholders (long-term leases) also fall under this class.
4. Class II Land Conversion (Upgradation to Class I)
- Class II land can be changed to Class I by applying to the Collector.
- Requires paying a premium (a fee decided by the government).
- After conversion, the land becomes fully transferable and more valuable.
5. Occupant Class III (Government Lessee)
(Commonly known as Class III, although legally called Government Lessee)
- This land is leased by the government to a person or institution.
- You do not own the land — you only have the right to use it.
- Very strict rules and almost no right to sell or transfer.
- Mostly given for special purposes like:
- School, hospital, public use land
- Temple or religious land (Devsthan Inam)
- Old service-related grants (Saranjam)
- Banks usually do not give loans on such land.
- Market value is very low because it cannot be sold freely.
6. Why Understanding These Classes is Important
- Helps you know whether you can buy or sell the land.
- Helps you understand whether you can get a loan on the land.
- Helps avoid legal problems if land has restrictions.
- Helps you plan construction, development, or investment safely.
7. How to Check the Land Class
- Check the 7/12 extract or land documents.
- Ask at the Talathi office, Tehsildar office or Collector office.
- A property lawyer can confirm the land class easily.
8. Summary
- Class I = Full rights, free to sell, best for investment.
- Class II = Restricted rights, need government permission to sell.
- Class III (Government Lessee) = No ownership, cannot sell, very restricted.
Understanding land type is very important before buying, selling, or developing land. In Maharashtra, the government has clear rules that tell whether land is agricultural or non-agricultural (NA). Here is a simple guide.
1. Check the 7/12 Extract (Satbara Utara)
This is the most important document for land in Maharashtra.
- It shows land ownership, type of land, and current use.
- If it says “agricultural land”, then the land is legally for farming.
- Always check the latest or updated 7/12 extract.
2. Check the Zoning in the Development Plan / Regional Plan
- Every area has a Development Plan (DP) or Regional Plan (RP).
- This plan shows which land is for agriculture, housing, commercial use, green zone, etc.
- If the zoning allows non-agricultural use, the land can be converted or may already be NA.
3. Look for NA Permission (Non-Agricultural Permission)
As per the Maharashtra Land Revenue Code, land used for non-agricultural purposes MUST have NA permission.
- NA permission is given by the Collector of the district.
- If the land does not have NA permission, it is still agricultural by default.
Some lands with approved building permissions automatically get an NA certificate under the newer rules.
4. Check the Land Tax / Assessment Records
- Agricultural land has an agricultural tax.
- Once land becomes NA, the government charges non-agricultural assessment (N.A. tax).
- If the NA tax is charged, the land is officially non-agricultural.
5. Observe the Current Use of the Land
- If crops are grown, it's probably agricultural.
- The construction of homes, businesses, or factories may result in NA or improper use of the land.
- Verify the documents thoroughly if the land has been plotted and sold for development.
6. Check Conversion Documents
To change land from agricultural to NA, the owner must apply to the Collector's office.
- After approval, the Collector issues a Conversion Order.
- A fee or premium must be paid for conversion.
- Ask the owner for a copy of the conversion order if they claim the land is NA.
7. Meet Local Authorities or Experts
- Visit the Talathi, Tehsildar, or Collector’s office to confirm the land status.
- Town Planning departments can confirm zoning and permitted land use.
- A property lawyer or consultant can help check all documents properly.
8. Stay Updated with New Government Rules
- Maharashtra has recently made some processes easier.
- In certain cases, separate NA permission is not required if building permission is already approved.
- Check the latest state circulars before purchasing land.
Summary (Quick Checklist)
✔ Check 7/12 extract
✔ Check zoning in DP/RP
✔ Verify if NA permission exists
✔ Check tax records for NA assessment
✔ Ask for conversion order
✔ Visit local government offices
✔ Consult a property expert
✔ Stay updated with the latest rules
Understanding the types of agricultural land in India helps farmers, investors, and land buyers make better decisions. India’s land is broadly divided into five main categories based on how it is used.
1. Arable Land
- This is land used for growing regular seasonal crops such as wheat, rice, pulses, and vegetables.
- It is also called the net sown area — land that is ploughed and cultivated every year.
- This is the most important land type for India’s food production.
2. Horticultural Land
- Used for fruits, vegetables, flowers, spices, and herbal plants.
- Often provides higher income than regular crops because fruit and vegetable farming can be more profitable.
- Commonly used for orchards (mango, banana, pomegranate), flower farms, and vegetable fields.
3. Pasture / Grazing Land
- Land where cattle, sheep, and goats graze naturally.
- Essential for the dairy and livestock industry.
- The land may not be suitable for crop farming, but it supports rural livelihoods through animals.
4. Plantation Land
- Used for long-term commercial crops like tea, coffee, rubber, coconut, and sugarcane.
- These crops grow for many years and require large, well-managed farmland.
- Plantation land is usually found in regions with a suitable climate and good rainfall.
5. Fallow Land
- Land that is left uncultivated for some time so that the soil can rest and regain fertility.
- Farmers leave land fallow to restore nutrients and improve future crop yield.
- Some land may be fallow for one year, and some may remain unused for a longer period.
Why These Categories Matter
- Helps farmers choose the right type of farming.
- Helps buyers understand what kind of land they are purchasing.
- Helps the government plan water usage, irrigation projects, and agricultural policies.
- Ensures sustainable use of land and better crop management.
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