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Guide to Buying Land in Maharashtra: Simple Steps for Safe and Smart Land Purchases
In Maharashtra, a state known for its bustling urban centers and rich agricultural heritage, a delicate dance between urbanization and the preservation of agricultural lands is underway. As rural populations flock to urban cities in search of better opportunities, the very essence of village life undergoes a transformation, with farmland often being acquired by non-agricultural entities. However, amidst this dynamic shift, the state has implemented crucial legal safeguards to protect the interests of agricultural communities.
Sections 43 and Section 63 of the Bombay Tenancy Act and Agricultural Lands Act, 1948
Sections 43 and Section 63 of the Bombay Tenancy Act and Agricultural Lands Act, of 1948, serve as pillars of protection for agricultural lands and the communities that depend on them. These sections impose restrictions on the transfer of agricultural lands, ensuring that they remain in the hands of cultivators and agricultural laborers. The intent is clear: to prevent the exploitation of vulnerable groups and safeguard the vital connection between cultivators and their land.
Amendments in Section 63
Recent amendments to Section 63 have introduced provisions aimed at striking a balance between urban development and agricultural preservation. While the transfer of agricultural lands for non-agricultural purposes is no longer barred within certain municipal and planning authority limits, stringent conditions have been imposed to regulate such transactions.
The amended Section 63 outlines a series of provisos designed to prevent speculative land hoarding and ensure responsible land utilization:
- Lands transferred for non-agricultural purposes must be utilized within five years, preventing stagnation and misuse.
- Failure to utilize the land within the stipulated timeframe incurs non-utilization charges and potential land resumption by the Collector.
- Defaulting transferees face consequences, including land forfeiture and auctioning by the Collector.
- Original landowners are given opportunities to repurchase land if the transferee fails to meet obligations.
- Transferees seeking to sell land before the expiration of ten years must obtain prior permission, discouraging premature land speculation.
These provisions serve as a blueprint for sustainable land management, promoting responsible urbanization while safeguarding agricultural interests. By balancing the needs of both urban and rural communities, Maharashtra strives to achieve equitable development and preserve its agricultural heritage for generations to come.
In the face of rapid urbanization, Maharashtra stands as a beacon of proactive land governance, setting a precedent for other regions grappling with similar challenges.
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.
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