Prev Post
Section 25 of Property Registration 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.
1. What is Khudkasht?
The word Khudkasht comes from old land-revenue systems in India.
It means land that is personally cultivated by the owner.
Cultivation can be done by:
- the owner himself,
- the owner’s family members,
- or hired labour working under the owner’s supervision.
It also includes land earlier recorded as Sir, Havala, Niji-jot, etc., in old settlement records.
2. Legal Meaning of Khudkasht
Indian tenancy and land revenue laws clearly define what counts as “personal cultivation.”
Even if owners like widows, minors, or disabled persons cannot personally supervise cultivation, the land can still legally be considered Khudkasht.
Courts have explained that Khudkasht land must be under direct control and use of the landowner, not tenants.
3. Key Features of Khudkasht Land
- Land is directly cultivated by the landowner, not rented out.
- Land is recorded in revenue records specifically as Khudkasht.
- Rights are connected to personal use, not to tenancy.
- Transfer of Khudkasht land can have restrictions, depending on state laws.
- These rights can be passed on to legal heirs.
4. Why Khudkasht Matters in Real Estate
A. Ownership Rights
Khudkasht holders have strong rights because they cultivate the land themselves.
These rights often continue even after changes in land laws.
B. Transfer Restrictions
Khudkasht land usually cannot be sold or transferred freely like normal freehold land.
Some transfers may require government permission or may not be allowed at all.
C. Effect on Land Value
Because of limited transfer rights, Khudkasht land often has lower market value compared to freehold land.
D. Loan & Finance Impact
Banks may be hesitant to lend large amounts on Khudkasht land.
Restricted ownership lowers the land’s mortgage value.
Summary
- Khudkasht = land personally cultivated by the owner.
- Includes owner’s labour, family labour or supervised hired labour.
- Clearly defined in law and supported by court judgments.
- Transfer often restricted → lower market value.
- Important for inheritance, loans, and development.
- Always check revenue records before buying.
1. What is an Occupant?
- A person who legally holds and uses government land (unalienated land).
- Not a tenant, not a trespasser, not a temporary user.
- The Maharashtra Land Revenue Code (MLRC 1966) divides such landholders into classes.
Class I, Class II and Class III (Government Lessee)
2. Occupant – Class I
- Full rights over the land.
- Can sell, gift, transfer or mortgage the land without restrictions (in most cases).
- Land is almost like freehold land.
- Land is highly valuable and easy to transfer.
- People who had strong land rights before 1966 usually fall in this class.
3. Occupant – Class II
- Have land in perpetuity (permanent), but with restrictions.
- Cannot sell or transfer land freely.
- They need Collector / Government permission for any sale or transfer.
- If they transfer without permission, the land can go back to the government.
- Land value is lower due to restrictions.
- Some older leaseholders (long-term leases) also fall under this class.
4. Class II Land Conversion (Upgradation to Class I)
- Class II land can be changed to Class I by applying to the Collector.
- Requires paying a premium (a fee decided by the government).
- After conversion, the land becomes fully transferable and more valuable.
5. Occupant Class III (Government Lessee)
(Commonly known as Class III, although legally called Government Lessee)
- This land is leased by the government to a person or institution.
- You do not own the land — you only have the right to use it.
- Very strict rules and almost no right to sell or transfer.
- Mostly given for special purposes like:
- School, hospital, public use land
- Temple or religious land (Devsthan Inam)
- Old service-related grants (Saranjam)
- Banks usually do not give loans on such land.
- Market value is very low because it cannot be sold freely.
6. Why Understanding These Classes is Important
- Helps you know whether you can buy or sell the land.
- Helps you understand whether you can get a loan on the land.
- Helps avoid legal problems if land has restrictions.
- Helps you plan construction, development, or investment safely.
7. How to Check the Land Class
- Check the 7/12 extract or land documents.
- Ask at the Talathi office, Tehsildar office or Collector office.
- A property lawyer can confirm the land class easily.
8. Summary
- Class I = Full rights, free to sell, best for investment.
- Class II = Restricted rights, need government permission to sell.
- Class III (Government Lessee) = No ownership, cannot sell, very restricted.
Understanding land type is very important before buying, selling, or developing land. In Maharashtra, the government has clear rules that tell whether land is agricultural or non-agricultural (NA). Here is a simple guide.
1. Check the 7/12 Extract (Satbara Utara)
This is the most important document for land in Maharashtra.
- It shows land ownership, type of land, and current use.
- If it says “agricultural land”, then the land is legally for farming.
- Always check the latest or updated 7/12 extract.
2. Check the Zoning in the Development Plan / Regional Plan
- Every area has a Development Plan (DP) or Regional Plan (RP).
- This plan shows which land is for agriculture, housing, commercial use, green zone, etc.
- If the zoning allows non-agricultural use, the land can be converted or may already be NA.
3. Look for NA Permission (Non-Agricultural Permission)
As per the Maharashtra Land Revenue Code, land used for non-agricultural purposes MUST have NA permission.
- NA permission is given by the Collector of the district.
- If the land does not have NA permission, it is still agricultural by default.
Some lands with approved building permissions automatically get an NA certificate under the newer rules.
4. Check the Land Tax / Assessment Records
- Agricultural land has an agricultural tax.
- Once land becomes NA, the government charges non-agricultural assessment (N.A. tax).
- If the NA tax is charged, the land is officially non-agricultural.
5. Observe the Current Use of the Land
- If crops are grown, it's probably agricultural.
- The construction of homes, businesses, or factories may result in NA or improper use of the land.
- Verify the documents thoroughly if the land has been plotted and sold for development.
6. Check Conversion Documents
To change land from agricultural to NA, the owner must apply to the Collector's office.
- After approval, the Collector issues a Conversion Order.
- A fee or premium must be paid for conversion.
- Ask the owner for a copy of the conversion order if they claim the land is NA.
7. Meet Local Authorities or Experts
- Visit the Talathi, Tehsildar, or Collector’s office to confirm the land status.
- Town Planning departments can confirm zoning and permitted land use.
- A property lawyer or consultant can help check all documents properly.
8. Stay Updated with New Government Rules
- Maharashtra has recently made some processes easier.
- In certain cases, separate NA permission is not required if building permission is already approved.
- Check the latest state circulars before purchasing land.
Summary (Quick Checklist)
✔ Check 7/12 extract
✔ Check zoning in DP/RP
✔ Verify if NA permission exists
✔ Check tax records for NA assessment
✔ Ask for conversion order
✔ Visit local government offices
✔ Consult a property expert
✔ Stay updated with the latest rules
Understanding the types of agricultural land in India helps farmers, investors, and land buyers make better decisions. India’s land is broadly divided into five main categories based on how it is used.
1. Arable Land
- This is land used for growing regular seasonal crops such as wheat, rice, pulses, and vegetables.
- It is also called the net sown area — land that is ploughed and cultivated every year.
- This is the most important land type for India’s food production.
2. Horticultural Land
- Used for fruits, vegetables, flowers, spices, and herbal plants.
- Often provides higher income than regular crops because fruit and vegetable farming can be more profitable.
- Commonly used for orchards (mango, banana, pomegranate), flower farms, and vegetable fields.
3. Pasture / Grazing Land
- Land where cattle, sheep, and goats graze naturally.
- Essential for the dairy and livestock industry.
- The land may not be suitable for crop farming, but it supports rural livelihoods through animals.
4. Plantation Land
- Used for long-term commercial crops like tea, coffee, rubber, coconut, and sugarcane.
- These crops grow for many years and require large, well-managed farmland.
- Plantation land is usually found in regions with a suitable climate and good rainfall.
5. Fallow Land
- Land that is left uncultivated for some time so that the soil can rest and regain fertility.
- Farmers leave land fallow to restore nutrients and improve future crop yield.
- Some land may be fallow for one year, and some may remain unused for a longer period.
Why These Categories Matter
- Helps farmers choose the right type of farming.
- Helps buyers understand what kind of land they are purchasing.
- Helps the government plan water usage, irrigation projects, and agricultural policies.
- Ensures sustainable use of land and better crop management.
What Does “Abadi Land” Mean?
Abadi land = land in a village or town that is built-up and residential, not for farming.
It covers: plots for houses, small shops, and community use.
This type of land is usually within the “inhabited” area of a village or town.
Key Characteristics of Abadi Land
- Purpose: Mainly for living (homes), not for agriculture.
- Location: Inside the populated area, not in farm fields.
- Ownership: People can own it, but local (village) authorities or government/Gram Panchayat often manage it.
- Legal Status: Governed by land revenue laws. Property disputes go to civil courts.
Why Registration Alone Isn’t Enough
Registering a sale deed proves a transaction happened, but it does not mean you are listed in the government land records.
After registration, your name isn’t automatically written in revenue documents like khatuni or jamabandi.
Mutation (Name Change in Government Records) — Why It’s Important
Mutation = process to update your name in the official land revenue records.
In many places, this is now mandatory for abadi land.
The mutation process is called Dakhil Kharij.
Once the mutation is done, your name appears in land records such as khatuni.
What Happens If You Don’t Do Mutation
Even with a registered deed, your name may not appear in official records.
Without a mutation, banks may refuse to offer a home loan because you aren’t the “legal” owner in government records.
Your ownership is less secure; future problems can come up in resale or inheritance.
What the New System Clarifies
Legal ownership no longer just depends on the deed — mutation is essential.
The rules now make it clearer who owns the land, who can sell it, and who has legal rights over it.
These changes protect buyers. With mutation, your name is officially recorded in government documents.
What You Must Do as a Buyer
- Make sure you get a registered sale deed when you buy abadi land.
- Immediately apply for mutation (Dakhil Kharij) with the local revenue office.
- Verify in land revenue records (khatuni/jamabandi) that your name appears.
- Only after these steps will you have full legal ownership rights.
Recent Posts
Tags
Bhunaksha,
genuine plots,
Land For Sale,
Maharashtra Bhunaksha,
plots for sale,
Gunthewari,
Gunthewari Land,
Gunthewari Rules,
Extract Documents,
Plots and Lands,
Saat Baara,
Extract Saat,
Baara Utara,
Jamabandi,
property tax payments,
Gram Panchayat,
lower prices,
non-agricultural land,
Lower Investment Cost,
Gram Panchayat lands,
Fresh Land Settlements,
Growing demand,
affordable homes,
genuine p,
legal Land,
bungalow plots,
Konkan,
Maharashtra,
Purandar,
Pune,
Karnataka,
Bangalore,
Farm Land,
Kolkata,
Rajarhat,
Indore,
Chhatrapati Sambhajinagar,
Aurangabad,
Mundhwa,
Agricultural Land,
Farmhouse Plot,
Rules And Penalties,
Residential Plots,
NA PLots,
Residential NA Plots,
Commercial NA Plots,
Animal Husbandry Land,
Tathawade,
Vahivat Land Maps,
Vahivat,
Indian Land Records,
Ownership Rights,
Red zone,
PCMC,
Dehu Road,
Land Registration Rules,
Land Investing,
Infrastructure Growth,
Land Ownership,
Land Encroachment,
Panshet Dam,
Varasgaon Dam,
Verified Land,
Plot For Sale,
Land Investment,
Verified Plots,
Land Acquisiton,
Hydrological Survey,
Invest In Land,
Verified Land Plots,
Panshet,
Khadakwasla,
Land Rules,
Dakhil Kharij,
Land Registry,
Property Onwership,
Clean Title Check List,
Property Verification,
Digital Registry,
Farm Plots,
Agro Property,
Land Value Growth,
Urban Expansion,
Senapati Bapat Road,
Registered Land,
Agricultral Plot,
Purandar Airport,
Safe Investment,
Secure Property,
Plot Buyers,
Approved Plots,
Land ROI,
NA Approved Plots,
NA Land,
Welspun One,
Logistic Park,
Talegaon,
PMC Bharat Mandapam,
Urban Development,
Lohgaon,
Close To Nature,
Gated Community Plots,
Buy Land VS Gold Investment,
NRI Investment,
Future Ready Living,
Trusted Plots,
Plot Investment,
Authentic Land,
Safe Land Buying,
Mumbai,
Premium Plots,
MMR Land Investment,
MMR Infrastructure,
Metro Connectivity,
Plots in Mahabaleshwar hill station investment,
Mahabaleshwar land prices and future growth,
Scenic residential plots in Mahabaleshwar,
Mumbai 3.0,
Mumbai 3.0 vs Mumbai 2.0,
Mumbai property investment,
Real estate investment in Mumbai,
Upcoming residential projects in Mumbai,
CIDCO plot auctions,
CIDCO auction Navi Mumbai,
Upcoming CIDCO plot auctions 2026,
CIDCO land auction dates,
Navi Mumbai plot auctions,
CIDCO plots in Navi Mumbai,
CIDCO plots in Kharghar,
CIDCO plots in Ulwe,
NMIA investment opportunities,
Mumbai 3.0 plotted development,
Mumbai 3.0 real estate,
Plots in Mumbai 3.0,
Land investment in Maharashtra,
Residential plots near Mumbai,
Land appreciation in Mumbai 3.0,
Residential land for sale in Mumbai 3.0,
Altamura NA Plots,
Altamura Nadar City,
NA Plots in Nadar City,
Nadar City Plots,
Plots in Nadar City,
YEIDA plots,
YEIDA plots near Noida Airport,
Noida Airport plots,
Jewar Airport investment,
Yamuna Expressway plots,
YEIDA plot scheme 2026,
Noida Airport real estate,
Zepto,
Zepto effect,
D2C brands India,
Urban consumer trends,
Marketplace evolution,
Urban infrastructure growth,
YEIDA Residential Plot Scheme,
Yamuna Expressway Plot Scheme,
YEIDA Residential Plots,
Yamuna Expressway Authority,
Noida Investment,
Residential Plots in Lucknow,
LDA Plots in Lucknow,
Lucknow Real Estate,
LDA Approved Plots,
Plots for Sale in Lucknow,
Lucknow Property Investment,
Land Investment in Lucknow,
Residential Land in Lucknow,
Buy Plot in Lucknow,
Lucknow Development Authority,
Maharashtra Fragmentation Law 2025,
Fragmentation Act Maharashtra,
Maharashtra land law update 2025,
Maharashtra land reforms 2025,
Land subdivision rules Maharashtra,
Maharashtra agriculture land purchase rules,
Agricultural land purchase restrictions Maharashtra,
Can non-farmers buy agricultural land in Maharashtra,
NA conversion process Maharashtra,
Collector permission for land purchase,
farmland prices in Nagpur,
agricultural land price in Nagpur per acre,
farmland cost in Nagpur Maharashtra,
Nagpur agricultural land investment,
per acre agricultural land rate in Nagpur,
Tukdebandi Law Maharashtra,
Maharashtra Fragmentation Act update,
Land subdivision law Maharashtra,
Agricultural land division Maharashtra,
Maharashtra land reform ordinance,
Plot registration Maharashtra,
Farmland prices Nagpur,
Nagpur agricultural land rates,
Farmland per acre Maharashtra,
Agricultural land price Nagpur,
Farm land cost Nagpur,
Nagpur real estate trends,
Land investment Nagpur,
Avani Farms,
Avani Farms Pune,
Farmland near Pune,
Farm plots for sale,
Agricultural land investment,
Gated farmland near Pune,
NRI agricultural land rules India,
Can NRI buy agricultural land in India,
FEMA rules for NRI property purchase,
RBI guidelines for NRI land investment,
NRI farmland investment India,
Agricultural land purchase by NRI,
Maharashtra Fragmentation Act,
Minimum plot size in Maharashtra,
Guntha rules Maharashtra,
Agricultural land division rules,
Minimum land area for sale in Maharashtra,
Legal plot size in guntha,
Guntha conversion rules,
NRI land purchase in India,
Can NRIs buy agricultural land in India,
NRI property investment India,
NRI buying residential land,
NRI real estate guidelines India,
Investment tips for NRIs in India,
Mutation Entry Process,
Land Mutation in India,
Property Mutation Process,
Land Ownership Transfer,
1 guntha na plot prices in pune 2026,
1 guntha plot price in pune,
na plots in pune,
residential na plots pune,
guntha plot rate in pune,
na plot investment in pune,
plots near purandar airport,
1 Acre Land Price in Pune,
Pune Land Rates 2025,
Pune Land Price 2026,
Pune Acre Land Cost,
Land Value Pune,
Agricultural Land Price Pune,
