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15 Must Know Criteria for Purchasing Agricultural Plot in Maharashtra6 Things to look for while buying agricultural land in Maharashtra
Investing in agricultural land in Maharashtra can be a lucrative venture, but it also involves certain complexities and legal considerations. You must be well-informed and diligent to ensure a successful purchase and minimize potential issues. This article will explore six critical factors you should thoroughly assess before buying agricultural land in Maharashtra.
Understanding the Risk of Disputed Land
Purchasing disputed land can lead to lengthy legal battles and financial losses. Before finalizing any deal, conduct a thorough title search and consult legal experts to ensure the land is free from disputes or litigation. Protect yourself from potential headaches by choosing land with a clear and undisputed ownership history.
Know the Different Laws for Buying Agricultural Land in India
India has diverse regulations regarding the purchase of agricultural land, with specific nuances varying from state to state. In Maharashtra and Karnataka, only registered farmers are allowed to buy agricultural land. Non-compliance with this rule can result in severe consequences, including forfeiture of the land. Familiarize yourself with the local laws and eligibility criteria to make a well-informed decision.
Verify the Land's Marketable Title
When buying agricultural land, remember that you are not purchasing it for residential purposes. Marketable title ensures the seller has undisputed ownership rights and can legally transfer the property.
Understand the Conversion Process for Residential Use
If you plan to use agricultural land for residential purposes, be prepared for additional procedures. The conversion process involves obtaining relevant permissions and adhering to specific guidelines set by local authorities. Present a well-structured proposal and state your reasons for the change to expedite the process.
Obtain NOC from the Township to Avoid Legal Trouble
Before making any changes or utilizing agricultural land for different purposes, you must obtain a No Objection Certificate (NOC) from the township. This certificate ensures that your plans are in accordance with local zoning regulations and that the authorities have no objections to your intended use of the land.
Use Agricultural Property for Agricultural Purposes to avoid legal hassles
The process of converting agricultural land can be time-consuming and filled with bureaucratic hurdles. Verify the seller's credibility and the land's records to minimize potential risks and ensure a smooth transition.
FAQs
- Can I buy agricultural land in Maharashtra for non-agricultural purposes?
No, Maharashtra's laws stipulate that only registered farmers can purchase agricultural land for agricultural purposes. Using the land for non-agricultural purposes can lead to serious consequences, including losing the land.
- How can I verify the marketable title of the land I wish to buy?
To verify the marketable title, engage the services of a title agency or a legal expert who can conduct a thorough title search. Additionally, consider obtaining title insurance for added protection.
- What is the importance of obtaining a NOC from the township?
Obtaining a NOC is crucial as it confirms that your proposed land use complies with local zoning regulations and has no objections from the authorities.
- Can I convert agricultural land to residential use in Maharashtra?
Yes, converting agricultural land to residential use in Maharashtra is possible, but the process involves obtaining the necessary permissions and presenting a compelling proposal.
- What are the potential risks of purchasing disputed land?
Buying disputed land can lead to prolonged legal battles and financial losses.
- Why should I use agricultural land for its intended purpose?
Using agricultural land for its original purpose reduces complexities and unwanted risks associated with the conversion process. Verifying the seller's credentials and the land records is advisable to ensure a smooth transaction.
Purchasing agricultural land in Maharashtra can be rewarding, but it requires careful consideration and adherence to legal regulations. You can secure a successful acquisition by avoiding disputed land, understanding state laws, verifying marketable titles, and complying with the conversion process. Remember to obtain NOCs when necessary and use the land for its intended purpose to reduce potential hassles. By partnering with Genuine Plots, you can avoid the pitfalls of buying disputed land, navigate state laws' complexities, and confidently verify marketable titles
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What is Bhunaksha in Maharashtra
In the state of Maharashtra, India, there exists a crucial law that aims to prevent the fragmentation of land into very small plots. This law restricts the sale or purchase of land measuring just 1 or 2 Gunthas (a unit of measurement used in India), unless prior permission is obtained from the collector or the competent authority. However, with the proper authorization, such transactions can be registered and made legally valid.
Understanding the Prevention of Fragmentation and Consolidation of Holding Act 1947
The core legislation governing land fragmentation in Maharashtra is known as the "Prevention of Fragmentation and Consolidation of Holding Act 1947." Under this act, each district in the state is assigned a standard minimum area of land, and the sale or purchase of land parcels smaller than this standard is strictly prohibited under Section VIII.
The Introduction of Section VIII-B
In 2016, the state government made an important addition to the Prevention of Fragmentation and Consolidation of Holding Act 1947. This addition came in Section VIII-B, which was introduced through a gazette notification. Section VIII-B clarified that the act does not apply to land designated for non-agricultural purposes, such as industrial or commercial use, within the boundaries of Municipal Corporations or Municipal Councils, or under the Maharashtra Regional Planning and Town Planning Act 1966.
Urban Areas and the Sub Registrar's Role
The law against land fragmentation was occasionally ignored in urban areas and areas of influence. Consequently, the Sub registrar, who handles property registrations, rejected transactions involving very small land plots that violated the act. This reinforced the importance of obtaining the necessary permissions for such transactions to be deemed valid.
Revenue Department's Role in Informing Registration and Stamp Duty Department
To ensure compliance with the law, the Revenue department informs the Registration and Stamp Duty Department about transactions involving land that falls under the scope of Section VIII-B. This exchange of information ensures that proper documentation and permissions are obtained for such transactions.
Transactions with Already Purchased Small Land Plots
If an individual desires to sell a piece of land they already own, and that land is smaller than the standard area defined by the act, they must seek permission from the competent authority or the Collector under Section VIII-B of the Act. This provision ensures that even previously acquired small land plots are subject to regulation to prevent fragmentation.
Demarcated Land and the Role of the Land Records Department
In cases where the Land Records Department has officially demarcated a piece of land with a separate boundary map, permission for its sale is not required. However, if the land was formed independently without the demarcation, dividing it will necessitate the approval of the Collector or the Competent Authority, as per a circular from the Inspector General of Registration.
FAQs
Can I sell a small piece of land without permission?
No, the Prevention of Fragmentation and Consolidation of Holding Act 1947 in Maharashtra prohibits the sale of land smaller than the standard area fixed for each district without prior permission from the collector or the competent authority.
Is the law applicable to non-agricultural land?
No, Section VIII-B of the Act states that the law does not apply to land designated for non-agricultural use, such as industrial or commercial purposes, within the boundaries of Municipal Corporations or Municipal Councils.
What happens if I buy a small plot of land?
If you purchase a plot of land that is smaller than the standard area fixed under the Act, you will need permission from the competent authority or the Collector under Section VIII-B of the Act if you wish to sell it in the future.
What is the role of the Sub registrar?
The Sub registrar is responsible for handling property registrations. In urban areas, the Sub registrar ensures that land transactions comply with the law against land fragmentation.
Do I need permission for already purchased small land plots?
Yes, even if you already own a piece of land that is smaller than the standard area, you must obtain permission from the competent authority or the Collector if you wish to sell it in the future.
Are there exceptions to obtaining permission?
Yes, if the Land Records Department has officially demarcated a piece of land with a separate boundary map, permission for its sale is not required.
Section 25 of Property Registration In Maharashtra
If you're buying or selling property in Maharashtra, it's important to know about property registration. The Maharashtra Registration Act governs this process. Here's a simple explanation for those who may not speak English fluently.
Property Registration Timeframe and Penalty:
When you buy a property, you must register the related documents within four months of the property purchase. If you miss this deadline, you might have to pay a fine equal to ten times the registration fee.
Benefits of Property Registration:
- Ensures Authenticity
- Prevents Fraud
- Public Record
- Keeps Records Up-to-Date
- Avoids Double Sales
- Secures Documents
Who Can Register Property:
The Registration Act states that the person involved in the property transaction, their representative, or an authorized agent can present the documents for registration.
Required Documents for Property Registration:
When registering property in Maharashtra, you need to submit the following documents:
- Aadhar card: This is an identification card.
- Passport-Size Photos: Photos of both the seller and buyer.
- Old Sale Deed Copy: A verified copy of the original sale deed.
- No Objection Certificate (NOC): This is needed under the land ceiling Act.
- Property Register Card Copy: The latest property register card.
- Municipal Tax Bill Copy: Proof of tax payments.
- Construction Completion Certificate: If applicable, a certificate showing that construction is completed.
- Builder-Buyer Agreement: The original agreement between the builder and the first buyer of the property.
Understanding property registration is essential to protect your rights when buying or selling property in Maharashtra.
In Maharashtra, there are two main types of land: Occupancy land and Lease land. These are categories that help define how people use and own the land.
- Occupancy Land: This type of land is a bit complex, but in most cases, the people with this land are considered the owners. It's like they own the land. Occupancy land has two categories: Class 1 and Class 2.
- Class 1: This is like a higher category of occupancy land. People with Class 1 land have more rights and benefits related to the land they use.
- Class 2: This is a slightly lower category of occupancy land. People with Class 2 land also have ownership-like rights, but there might be some differences compared to Class 1.
- 2. Lease Land: Lease land is land given to people on a lease basis. This means they have permission to use the land for a specific time, but they don't own it like the way people own houses. It's more like borrowing the land for a while.
Bhulekh Mahabhumi Address
Bhulekh Mahabhumi
https://bhulekh.mahabhumi.gov.in/
020-26050006
How to check Bhulekh Mahabhumi Land Records?
You can now access information related to land records in Maharashtra by visiting the Bhulekh Mahabhumi website without having to visit the office of the Tehsildar of the respective district. Steps to follow for Land Records details
- Visit the official website of Bhulekh Mahabhumi
- 6 Locations are given. Aurangabad, Pune, Nashik, Nagpur , Konkan and Amravati
- Select 7/12 or 8A
- In 7/12, select the district, taluka, and village for the land records required
- Search by alphabetical survey number/group number. You can also search by survey number or the name in the records.
- Enter Mobile Number
- Click the See 7/12' tab and type the captcha code.
- You will get the required information on the web page.
Bhulekh Mahabhumi's Services
- Type of land (agricultural/non-agricultural)
- Survey number of land
- Land ownership
- Area of land
- Name of cultivator (in the case of agricultural land)
- Type of cultivation
- Encumbrances and encroachments
- Litigation in land title
The Maharashtra government made an online system to help with land use and construction permissions. But if someone wants to use farmland for other things, they usually need to ask the Collector for permission unless they're doing big industrial or housing projects in certain areas.
But there are some rules in a law called The Maharashtra Land Revenue Code, 1966 (Code). According to these rules, if someone wants to use land meant for farming, but they want to use it for something else, they need to ask a person called the Collector for permission. This is also true if they want to change how they use land that's not meant for farming.
There are some special cases, though. If someone wants to use farming land for real factories or big housing projects, they may only need permission from the Collector. For example, if the farming land is in an area where the government has already made plans for factories or houses, or if it's in an area where no plans exist but they want to make a factory, they might not need special permission.
FAQ
Q1: What is the Building Plan Management System (BPMS) created by the Government of Maharashtra?
A1: The Building Plan Management System (BPMS) is an online system developed by the Government of Maharashtra to facilitate obtaining certificates for land use other than farming and permissions for construction projects.
Q2: What is the role of The Maharashtra Land Revenue Code, 1966 (Code) in land use and construction?
A2: The Maharashtra Land Revenue Code, 1966 (Code) lays out regulations for land use. It mandates that if someone intends to repurpose farmland or change non-agricultural land use, they generally require permission from the Collector.
Q3: Are there exceptions to seeking permission from the Collector for changing land use? A3: Yes, there are exceptions. In cases where farmland is being utilized for significant industrial or housing projects, permission from the Collector might not be necessary if the government has existing plans for such development in the area.
Q4: What scenarios might not require special permission from the Collector for land use changes?
A4: Land use changes involving farmland for substantial industrial or housing projects might not require special permission from the Collector if there are pre-existing government development plans or if the intention is to set up a factory in an area with no existing plans.
R-Zone or No Zone Making Informed Decisions for Residential Plot Investments
R-zone refers to residential plots designated for construction in both urban and rural areas. In Maharashtra, authorities like CIDCM and MMRDA can determine R-zone plots. This article will explore the different R-zone categories and associated risks and address common queries.
R-zones are classified into two main categories:
Purely residential (R1 zone): These plots are exclusively meant for residential purposes. They are located within 12m of the nearest road in open areas, and if the area is congested, the distance can be 9m or even less. Building residential structures on R1 plots does not necessitate regulatory authority permission.
R2 zone: The R2 zone comprises residential areas situated at a minimum distance of 12m or more from the nearest road. The R2 zone allows for various types of residential development, including the construction of institutional, commercial, and medical facilities within the designated area.
Investing in R-zone properties carries risks similar to any other property. These risks arise when the title deed is not appropriate. Researching and understanding how to evaluate R-zone plots and their locations is crucial before making an investment decision. However, the risk is minimal if all ownership documents are up to date and without discrepancies.
Likewise, when purchasing an R-zone plot, ensure that the encumbrance certificate (EC) indicates no issues, discrepancies, complaints, or disputes. Investing in land with clear ownership and devoid of doubts is advisable, after considering the ready reckoner rate of the location.
Can R-zone properties be converted into Non-Agricultural (NA) properties?
According to recent amendments by regulatory bodies in Maharashtra, such conversions are allowed. However, for a smooth transaction from R-zone to NA plot, it is essential to have a clear and marketable property title.
Moreover, confirming that the ownership rights solely belong to the owner or seller is crucial. Consulting a lawyer to verify the deed is necessary. Before signing any agreement, carefully examine the encumbrance certificate (EC) issued by the local sub-registrar's office. The EC must be from the relevant land registration authority.
Once the EC confirms no pending payments, complaints, or disputes, you can convert the R-zone property into an NA plot and proceed with your plans.
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NA land with clear title in PCMC,
NA plots near Pune Mumbai Highway PCMC,
