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.