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.

Bhunaksha is a special computer software created by NIC (National Informatics Centre) that helps manage digitized cadastral maps. But what does all that mean? 

1. Cadastral maps: These are maps that show the boundaries and ownership of land parcels. They help keep track of who owns which piece of land. 
2. NIC: The National Informatics Centre is an organization that develops and implements technology solutions for the Indian government. 
3. Open source applications and libraries: Bhunaksha is made using software, a free version for use, modification, and share. 
4. Facilitate management: Bhunaksha makes handling and organizing digitized cadastral maps easier. Instead of dealing with paper maps, the software lets you work with maps on a computer.
5. Integration with existing Land Records application: If a state already has a computer system for keeping track of land records (information about land ownership, etc.), Bhunaksha can be connected to it to work together. 

How to Login Bhunaksha?

1. Open your web browser. Enter the URL. Your system administrator will provide it. 
2. You will see a login page once you access the Bhunaksha web application. 
3. On the login page, you need to select your location. This ensures that you are accessing the correct cadastral maps for your area. 
4. After selecting your location, enter your unique user ID in the designated field. 
5. Next, enter your password in the password field. Make sure to enter the correct password associated with your user ID. 
6. Double-check that you've entered both your user ID and password correctly. 
7. Finally, click the "Login" or "Sign In" button to proceed. 

Benefits of Maharashtra Bhunaksha 

1. Verify details of the plot owners
2. Know the plot size
3. Provide the details of the landowners, including name, address, etc.
4. Viewing plot record online saves your time 

Contact Information of Bhunaksha, Maharashtra 

The state coordinator for Bhunaksha Maharashtra can be reached at

Datar SP

TD, NIC, Office of SC & DLR, Pune 

FAQ 

Is Bhunaksha only for Maharashtra? 

No, Bhunaksha is not limited to Maharashtra alone. It is a software solution developed by NIC and can be implemented in various states across India.

Can I access Bhunaksha from any device? 

Yes, Bhunaksha is accessible from any device with internet connectivity, including computers, laptops, tablets, and smartphones. 

Is Bhunaksha available for free? 

Yes, Bhunaksha is an open-source application, which means it is available for use, modification, and sharing at no cost. 

Can private individuals use Bhunaksha? 

While Bhunaksha is primarily designed for government use and land administration purposes, some states may allow limited access to private individuals for specific tasks. 

How accurate are the cadastral maps in Bhunaksha? 

The accuracy of cadastral maps in Bhunaksha is generally high. However, it is essential to cross-verify with official records and conduct surveys for critical transactions or land development projects. 

Are the maps updated regularly? 

Bhunaksha maps are regularly updated to reflect land ownership and boundary changes. However, users should verify the latest information with relevant authorities. 

Is There an Official Mobile App for Bhunaksha Maharashtra?

Currently, there is no official mobile application provided by the Maharashtra government for searching your Bhunaksha document. The only source for accessing Bhunaksha Maharashtra is the official web application provided by the National Informatics Centre (NIC).

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

1. 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.

2. 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.

3. 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.

4. 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.

5. What are the potential risks of purchasing disputed land?

Buying disputed land can lead to prolonged legal battles and financial losses.

6. 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

1. 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.
2. 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. 
3. 8-A Extract- Provides comprehensive information about land revenue tax, crop types, owner names, and more.
4. Land Revenue Tax Receipts-The Tahsildar issues official receipts for land revenue tax payments.
5. Soil Testing-If the Land is for crop cultivation, conduct soil testing.
6. Reservations or Acquisitions - Check if any portion of the Land has been acquired by P.W.D, Panchayat, Irrigation, State Government, or other entitie.
7. Agricultural Land Ceiling-The land size must comply with the Land Ceiling Act of Maharashtra.
8. Litigations-Prior to proceeding with the sale deed of the land thorough examination of any existing litigations is crucial. 
9.  Gaon Nakasha-The map is essential for pinpointing the land's location within the village.
10. Original Title Deed -A legal advisor must verify the Original title deed to avoid legal disputes.
11. Access Roads - Obtain confirmation from the Revenue office and maintain a record of the approach road in Register-26 of the Panchayat office.
12. 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.
13.  Disputes relating to boundaries -Settle these types of disputes well in advance before commencing the sale deed process.
14. 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.
15.  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.

Zoning laws are regulations established by local municipal governments or other authorities at the local level. These laws govern the allocation and utilisation of land as well as the construction of buildings within a specific area.

Through the process of zoning, authorities delineate various zones where distinct patterns of land use are prescribed and enforced.

Why Zoning law?

Zoning laws are found in many places around the world. They are rules that aim to control how land is used in different neighbourhoods. For example, these laws might prevent a store or business from opening up in a residential area. In some areas, zoning laws also set limits on how tall buildings can be by specifying the maximum amount of space they can occupy on a certain plot of land. 

Zoning laws can also determine things like the number of open green spaces, how many buildings can be in an area, what kinds of activities can happen, and the types of businesses allowed in a specific region.

The role of zoning laws in land use and market efficiency 

Zoning laws can also limit the number and type of pets that people can have. For example, in a city neighbourhood, there might be rules against keeping cows or buffaloes as pets, but in a rural area, these rules might not apply. 

In other words, if we allow the market to decide, buildings like tall apartment complexes would be constructed in areas where there is a high demand for housing, and factories would be built in places where it's most economically sensible to have them. The argument is that this approach leads to more efficient land use patterns.

Challenges of zoning laws 

Zoning laws in India sometimes hinder efficient land use practices. The allowed height of buildings is often kept low, even in the busiest cities. 

Moreover, these restrictions are sometimes not strictly enforced. In developed countries, developers are typically required to provide the necessary public facilities when constructing tall buildings. 

However, this is not always the case in major Indian cities. For example, developers may neglect to include sufficient parking spaces in their projects.

Conclusion 

Understanding zoning laws is crucial for navigating land use regulations in India. While these laws aim to control and organise development, challenges such as building height restrictions and enforcement issues need to be addressed to ensure efficient land use and the provision of essential amenities in urban areas. 

Developing a balanced approach that considers market dynamics and public welfare is key to achieving optimal land use patterns and sustainable urban development.

The 7/12 extract is an important document providing detailed information about a specific land in Maharashtra, India. 

It includes essential details such as the survey number, area, and the current owner's name. This extract is actually a combination of two forms: Form 7 and Form 12. Form 7 contains information about the landowner and their rights. It covers details such as the owner's name and any rights or claims they may have on the land. On the other hand, Form 12 provides specific information about the type of land and its designated usage.

This helps determine if the land is meant for residential, commercial, agricultural, or other specific purposes.

Saat- Baara- Utara

In Maharashtra, the regional term for the 7/12 extract document is "Saat-Baara-Utara." It is maintained by the revenue department of the state for the purpose of tax collection. The document is usually issued by the Tehsildar or the relevant land authority.

If someone wishes to obtain a copy of the 7/12 extract, they can pay the official fee. Alternatively, they can file a petition under the Right to Information Act to request a copy of the document.

Importance of 7/12 Extract Document 

The 7/12 Extract Document serves various important purposes related to land ownership and transactions in Maharashtra:

1. It acts as proof of ownership, providing concrete evidence of who owns the land. This is crucial when dealing with property-related matters.
2. It contains valuable information about the land type and the permitted activities on the land, such as whether it is designated for residential, commercial, agricultural, or other specific purposes. This helps individuals make informed decisions about land use and potential investments.
3. The 7/12 Extract Document is often required during property sale transactions, as it verifies the ownership and details of the sold land. It is also vital when applying for bank loans, as it provides the necessary information to assess the land's value and potential risks. The document can be used as evidence to resolve land ownership or usage disputes in civil litigation cases.
4. The extract is a valuable source of agricultural information, as it contains details about the land's agricultural potential, including its classification and history of cultivation.

To obtain the 7/12 Utara online in Maharashtra, follow these steps:

1. Visit the official MahaBhulekh website, the land record portal of Maharashtra.
2. Follow the provided instructions to access and download the required 7/12 extract online.

Step 1- Visit the bhulekh.mahabhumi.gov.in

Step 2 -Select the relevant section from the homepage based on your location, such as Amravati, Aurangabad, Konkan, Nagpur, Nashik, or Pune. Once you have chosen the appropriate section, click on the "Go" button.

Step 3-After accessing the specific section on the MahaBhulekh website, navigate to the 7/12 option. From there, you must select the district, taluka, and village corresponding to the land you are interested in. 
Step 4- To search for the 7/12 extract, use the Survey Number, First Name, Middle Name, Last Name, or Full Name, and fill in the corresponding details. Required details will be displayed like this