A Guide to Buying Land in Maharashtra(Urban Areas) Preservation of Trees Act, 1975

March 28, 2024

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A Guide to Buying Land in Maharashtra(Urban Areas) Preservation of Trees Act, 1975

Are you considering investing in land in Maharashtra? It's a venture that requires careful consideration of various factors, including legal aspects and local laws. Here's a simple guide by Genuine Plots that assist you in navigating intricacies and making well-informed decisions.

Understanding Local Laws:

While on the path to purchasing a land parcel in Maharashtra, it's crucial to be aware of local laws that may impact or restrict the transfer of land. One such law is the Maharashtra (Urban Areas) Preservation of Trees Act, 1975. This legislation regulates the felling of existing trees on the land, requiring the buyer to obtain permission from the tree officer. Additionally, for fragmented land, the provisions of the Fragmentation Act come into play.

The Complexity of Land Acquisition:

The issues highlighted above are just the tip of the iceberg, and other intricacies may affect land transactions in Maharashtra. The nature and manner of land acquisition can differ significantly, with instances where the land falls under the jurisdiction of special planning authorities or collectors. It's essential to understand the specific laws governing these authorities.

Variety of Land Categories:

Certain land parcels may have specific designations, such as devasthal, wakf land, Adivasi land, inam land, or evacuee property, each subject to distinct restrictions on the transfer or creation of rights. Moreover, in instances where the land is under the ownership of government bodies such as the MHADA; Maharashtra Housing and Area Development Authority, City and Industrial Development Corporation, or Maharashtra Industrial Development Corporation, the transaction might not constitute a sale but instead a lease for a specified duration.

Leasehold Considerations:

In the case of government-owned land, transactions may involve leasehold agreements rather than outright sales. Prospective lessees/sub-lessees must ascertain any restrictions on transferring leasehold land, as it may involve additional charges or premiums.

In conclusion, purchasing land in Maharashtra demands careful attention to legal nuances and local laws. Being well-informed and seeking professional guidance can make this journey smoother, ensuring that your investment aligns seamlessly with your aspirations.