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Section 25 of Property Registration in MaharashtraIn 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.
Why Indore is the Next Big Real Estate Hotspot: Key Reasons to Invest Now
Affordable yet high-value market:
Both seasoned investors and first-time buyers can benefit from Indore's exceptional affordability and high potential for appreciation.
Booming Economic Growth:
The economy of Indore is laying a solid foundation for long-term real estate growth, thanks to its rapid industrial development and IT expansion.
Connectivity and Lifestyle:
Families and professionals find it highly appealing due to its excellent infrastructure, educational opportunities, medical facilities, and connectivity.
A wide variety of options for investment
From ready-to-move flats to residential plots, Indore offers something for every investment goal and budget.
Expert Advice from Local Property Consultants
Local real estate experts understand the micro-market trends, forthcoming development, and buyer preferences to assist investors in making informed decisions.
Future-Ready City
Indore is poised to become one of India's most promising property destinations with the upcoming infrastructure projects and planned urban development.
Top 6 Places to Invest in Kolkata Property for Family Life and Peaceful Retirement
1. Rajarhat
Modern township with planned infrastructure, wide roads and new housing projects.
Proximity to IT & business hubs and the airport; great for working families and for future resale potential.
Quiet, greener surroundings make it appealing for retirees wanting comfort + connectivity.
2. Jodhpur Park
Upscale neighbourhood with prestigious schools and a calm residential vibe.
Lots of parks and open spaces for children and families.
For retirees: peaceful atmosphere, community-friendly, and good amenities nearby.
3. Tollygunge
Strong educational infrastructure (schools, etc) and green surroundings.
Families benefit from a mix of culture, leisure and living comfort.
Retirees will enjoy scenic views, the availability of healthcare and social engagement.
4. Garia
Affordable housing option with good schools, transport links and everyday amenities.
Ideal for middle-income families wanting value + convenience.
For retirees: a calmer environment with access to city services without heavy cost.
5. Alipore
Premium locality with heritage charm, luxury living, shopping & dining options.
Families get a high-quality lifestyle, safety and prestige.
Retirees can enjoy the upscale ambience, walkable neighbourhoods, and top healthcare.
6. Ballygunge
Known for quality education, culture and mature infrastructure.
A comfortable, high-end area for families wanting the best of Kolkata.
For retired living: tranquil yet connected, with access to parks, hospitals and social life.
1. Ignoring Title and Ownership Issues
Not verifying that the seller is the legal owner.
Skipping the check of past ownership history and the chain of title.
Overlooking unresolved disputes, liens or mortgages on the land.
2. Overlooking Land-Use & Zoning Compliance
Buying a plot without confirming it’s approved for residential purpose.
Failing to check whether a conversion (if from agricultural land) is required or completed.
Ignoring restrictions on building type, height or usage in the area.
3. Neglecting Physical Inspection
Accepting plot size and boundaries based only on documents, without a site visit.
Missing signs of encroachment, improper access, or a mismatch between the map and reality.
Not checking if the access road is legal, maintained and properly connected.
4. Skipping Infrastructure and Amenities Check
Buying a plot with poor or uncertain road connectivity, utilities (water, electricity), drainage, etc.
Not evaluating the surrounding neighbourhood for schools, hospitals, retail and transport links.
Ignoring future infrastructure plans, which could raise or reduce value.
5. Not Verifying Legal Approvals and Clearances
Failing to get the Encumbrance Certificate to ensure the land is free from liabilities.
Skipping checks on layout approval, local authority sanction, and other regulatory clearances.
Buying from developers or sellers without verifying their credibility or legal standing.
6. Underestimating Future Costs and Resale Potential\
Focusing solely on purchase price, ignoring maintenance, development or infrastructural costs.
Ignoring the resale demand for the area, will buyers want this plot later?
Overlooking how small lot sizes, odd shapes or difficult access can hurt value.
7. Rushing into the Deal without Professional Help
Signing agreements or paying a deposit without a legal review of the documentation.
Failing to engage a lawyer or real-estate expert to decode fine print, title issues or compliance.
Relying purely on verbal assurances or informal documentation.
8. Ignoring Market Trends and Timing
Buying at peak price without checking whether the area is still growing or saturated.
Not comparing similar plot sales in the locale to gauge fair value.
Failing to factor in how upcoming transport or commercial projects may affect the property value.
Buying land is a significant decision, and in a rapidly developing area like Rajarhat, it's crucial to conduct thorough checks before making an investment. Here's a quick, concise list of things you should verify prior to finalising any deal.
1. Check the Title Deed
The seller must be the legal owner of the land; the title deed must reflect their name and not be entangled in any disputes. Always check the chain of ownership to ensure there are no hidden claims.
2. Land Use and Zoning
If you are to construct a house, ascertain that your plot is approved for residential use. Agricultural or commercial lands should not be used for housing without approval for conversion.
3. Verify Mutation & Tax Records
Make sure the property has been mutated in the name of the seller; governmental records show them as the owner. Also, confirm that property taxes are paid up to date.
4. Obtain the Encumbrance Certificate (EC)
An Encumbrance Certificate reflects whether the land is free of loans, litigations, or mortgages. It’s proof that the property is not burdened by any financial or legal issues.
5. Check measurements and boundaries
Physically inspect the site to make sure that the plot size and boundaries are according to the documents. See if there are encroachments or any other building construction around the property.
6. Ensure Proper Access and Road Connectivity
Your plot should have a legal access road or "right of way." Landlocked plots, without an entry route, can create major problems in further construction or resale.
7. Check for Government or Acquisition Risks
Ensure that the land is not under government acquisition. Also, make sure it is marked out for public projects, such as roads or utilities. This will spare you from possible disputes or loss in the future.
8. Review Sale Agreement and Registration
Before making the payment, draft a sale agreement that clearly mentions the price, timeline, and terms. After the purchase, register the sale deed at the sub-registrar's office and pay the proper stamp duty.
9. Verify Seller's Identity and Authority
Verify the seller's ownership rights and identity documentation. Verify whether the representative is legally permitted to sign on behalf of the owner if the sale was made through a company or representative.
10. Verify the project approval or layout.
Check to see if the local government has approved the plot if it is a part of a township or housing project. Approved layouts are safer by law and provide better infrastructure.
11. Verification of Conversion and NOC
Verify the conversion certificate and any necessary No Objection Certificates (NOCs) from the appropriate authorities for land that has been converted from agricultural to residential use.
Final Tip
The investment in land at Rajarhat can be very rewarding, but the smart buyer always verifies the documents, approval, and legality before making a payment. If needed, seek professional legal help and ensure your investment is secure for the long term.
If you're planning to invest in real estate, Newtown, Kolkata, should be on top of your list in 2025. With its rapid development, great connectivity, and strong ROI potential, it's becoming one of Eastern India's most promising property destinations.
1. Fast-Growing Smart Township
It boasts of being one of the fastest-developing planned cities in India, supported by HIDCO with wide roads, modern layouts, and steady land appreciation at 10–15% annually.
2. Close to IT and Business Hubs in Kolkata
Owing to the proximity to Sector V, DLF IT Park, and Unitech Infospace, Newtown has emerged as a zone of attraction for professionals and firms, therefore creating consistent housing and rental demand.
3. Strong ROI and Long-Term Appreciation
Compared to an apartment, land in Newtown consistently appreciates in value due to ongoing infrastructural and commercial growth, promising solid returns over time.
4. Excellent Connectivity
Accessibility to EM Bypass, VIP Road, and the proposed Metro line seamlessly connects Newtown to all corners of Kolkata, a prime reason behind the rising property value.
5. Future-Ready Smart City
Being a certified Smart City, Newtown actually brings together solar energy, digital water systems, and sustainable design to make it one of the most forward-thinking, eco-friendly investments.
6. Peaceful and Well-Planned Environment
Clean, green surroundings and organised zoning make Newtown ideal for families and professionals desiring quality living with urban comfort.
7. Growing Demand for Residential Plots
Increasing preference for independent homes, in addition to limited land supply, boosts demand; this is what makes higher resale value and appreciation possible.
8. Access to Premium Amenities
Top schools, hospitals, malls, and entertainment zones ensure convenience and lifestyle comfort that keeps the demand for properties strong.
9. Legal Transparency
The majority of plots are distributed by HIDCO, guaranteeing accurate documentation and clear titles, both of which are essential for secure investments.
10. Flexibility and Long-Term Wealth
You can build, lease, or sell your land based on the market when you own it. It is safe, adaptable, and future-proof.