INTRODUCTION

Land is always considered as the best option for investment. Today there are many investment options flooded in market but investment in land and real estate sector is on top notch. Land can give you stability and continuous cash flow. Besides the higher ratio of population and  fewer availability of land constituting as lucrative option for ROI( return on investment). Investing money in wrong type of land or in the land which is under legal encumbrance shall invite various troubles in future and therefore caution is required to check all legal formalities before buying a land.

The eminent question all people have all the time while purchasing land is what is 7/12 extract and why it is considered to be most important document while buying a property.

7/12 extract is the document of title. It depicts the title of land. Land can be used for the following purposes.

Use of land for various purposes
1.Agricultural 2.Residential 3.Commercial 4.Industrial 5.Mix use

You will need to check out 7/12 extract of an agricultural land because it’s the agricultural land which you will need to convert and use for other four purposes depicted in the above list.

One more interesting thing about 7/12 extract is that they are periodically maintained by the revenue departments of Maharashtra and Gujrat state. The reason of this tradition is rooted back in history when Maharashtra and Gujarat was jointly called as “Mumbai Province” before independence. 

The revenue department need to maintain many forms to categorise the type, history, title, possession, other rights and conversion account of land. Therefore a land register containing various forms is always kept updated at each village under the laws of respective states of Maharashtra and Gujrat. If you want to buy an agricultural land then these documents are the real mirror to see the reflection of land. To decide the title of a person over land there are total 21 forms have been created under “Maharashtra Land Revenue Code 1966” as well as “Maharashtra Land Revenue Record of Rights and Registers Rules, 1971” by revenue department in each village revenue system of Maharashtra.

7/12 extract is simply coalition of form no. 7 and form no. 12 out of these 21 forms depicting the title. In simple words form no. 7 describes the record of rights of a person over the land and form no. 12 is descriptive of agricultural information of crops sown in the land. Collective it is called as 7/12 extract.

CONTENTS OF FORM NO. 7

This 7/12 extract has historical importance as it is named after, Section-7 (Continuance of requisition) and Section-12 (power to obtain information) of Bombay Land Requisition Act 1948. The content of extract can be summarised in following manner

Type of Land Name of the Owner Encumbrances
Area of Land Mutation Entries Outstanding loans from Banks, NBFC or other legal non-legal entities.
Location of Land Crops grown in field Pending litigation if any, legal burden
    Cultivator of land other than the owner.

HOW TO READ THE CONTENTS OF 7/12 EXTRACT

First Column

7/12 extract tells you the exact story of land. As per the table given above when you start to read the 7/12 extract first you will need to know the type of land. Whether it is agricultural or non-agricultural. You will see the location and “gat no.” or “survey no” of land in the left corner of extract. There will be area of land written according to the custom of   “Anewari.” Anewari custom is used for partition of land. Total area of land is measured and compare with old one rupee. The comparison is based on analogy of 1 rupee = 16 ana therefore the parts of land are divided and named as paisa and ana. It also shows the type of land whether land is classified as

Occupant class 1 or

Occupant class 2

Occupant class 1:- It is a land which is possessed by title holder from generations to generations. In this class in absence of any legal transfer the title of land is simply handed over from one generation to other generation within the family by virtue of birth. Moreover title holders are free to sell their land in favour of any person who is agriculturist in absence of any permission from district collector.

Occupant class 2:- It is the land which is gifted by the government under special circumstances to the people who are schedule tribes, schedule cast, freedom fighters, ex- army men. The transfer of these type of lands always governed by law and cannot be completed before due permission of concerned government authorities.

Second Column

In the middle part you will see the names of title holders, possessor of the land. There will be subtle difference between these names. You will see few names in this column are in brackets. If the name of title holder is in the bracket it means he or she is no more in the possession of land. Land has been transferred and therefore his/her name is struck down simply putting brackets around the name. You will need to count only those names as a title holder which are not in the brackets.

Another thing you will notice in this section that there are the queer numbers written inside the circles under the names. Many people do not find the significance of these numbers. On the document you will not get any meaning of these numbers. Basically these numbers are simply called as mutation entries and they are separately registered in form no. 6 of land revenue register. Now question arise

What is mutation entries?

Mutation entries are record or the history of transfer till date. It shows the transfer of land and change in title in chronological order. Every time it is not possible to mention on 7/12 extract how the land was sold, purchased, gifted or bequeath by one possessor to another possessor. These entries are separately registered at form no. 6 of record of rights. The numbers which are given to these entries are only mentioned in 7/12 extract. One can list down all the entries and could read all the record of transfer in register maintained for mutation entries at every talathi or tahasil office.

In fact these mutation entries can show you how the land is transferred from time to time and how it has reached in the possession of present title holder.

Third Column

This column is called as the “column of other rights.” This column reflects the right created other than the title holder. These are generally encumbrances, loans taken from legal or personal entities, rights of tenants to whom land was given for yielding crops known as ( kul) in Marathi, an entry of litigation if any pending in court against the title holder.  In other rights column you will find third party rights created by an act of title holder or an act of government under the law. In fact it is more important column to assess whether the land has clear marketable title for purchase or sell.  One need to read carefully the remarks written under this column. There are certain lands which carry legal encumbrance cited under the various sections of land laws. For e.g.

Remark of Sec. 32 G of Bombay tenancy and agricultural land act 1948 (Kul-Kayada Nond)

If the land is falling under the purview of section 32 g of Bombay tenancy and agricultural land act 1948 it means land cannot be sold without the legal precondition to be fulfilled. This remark has the historical background of the day known as “tillers day” in the history. On the date of 1/4/1957 government declared the ownership of land in the name of tenants who were in possession and had been yielding the land. Tenants became possessor after the implementation of tillers day. These tenants required to give “Nazarana” – probable value of land to the government and then they were able to transfer the land. Even if today you find remark of sec. 32 G on 7/12 extract it simply means land cannot be transferred unless the Nazarana has been paid to the government and permission for sale has been obtained from appropriate government authority.

Remark of Sec. 43 of Bombay tenancy and agricultural land act 1948

This entry in 7/12 extract defines that the land is purchased by tenant under the relevant provision of tenancy law but now tenant needs to obtain permission from district collector to sale or transfer the land. Without prior permission of district collector the sale could be treated as illegal.

Remark of sec. 36 A of Maharashtra land revenue code 1966

Sec. 36 A deals with tribal land transfer. This section clearly says if any land is in possession of tribal people could not be transfer to non- tribal before obtaining permission from the district collector. Any such transfer has no legal stand and therefore could not be acknowledged. If the land is adiwasi land then it is difficult to purchase it due to legal prerequisites.

Entry about fragmentation of land

Sometimes land has been fragmented and some fragments have been sold out by the title holder. If an entry has been made in the other right column as “tukadabandi” or debarred transfer due to fragmentation of land it means that the land is partly sold or leased out to government and rest of the land cannot be sold without pre-permission of government official.

Entry of protected tenant

Section 4-A of the Bombay tenancy and agricultural lands act  1948 laid down  that, a person lawfully cultivating any land belonging to another person shall deemed to be tenant subject to condition if such land is not cultivated personally by the owner. Such person shall be treated as protected tenant if he is not family member, servant or mortgagee of land owner. In this case land cannot be transferred without permission of government.

There shall be other encumbrances noted in the column as land is in the name of minor and therefore cannot be purchased until minor attains majority, unpaid taxes of government, entries of lien, loans, inam land etc. One need to carefully assess those entries while purchasing any land.

CONTENT OF FORM NO. 12

It is the column which describes the types of land, area of cultivated and uncultivated land. Area under mixed crop, area of refined crops, types of water supply etc.

IMPORTNCE OF 7/12 EXTRACT

As referred above 7/12 extract is title document of ownership. This is the legal record which establish the clear identity of land owner as well as marketable title of land. It also gives clear idea of all legal aspects therefore analysing 7/12 extract is crucial point while transferring lands.

HOW CAN YOU GET 7/12 EXTRACT

In order to obtain latest 7/12 extract of land you can visit nearby talathi or tahasil office and make an  application under section-7 of Maharashtra (Inspection, Search and supply of copies of Land Records) Rules, 1970. The Maharashtra Government processed the digitisation of these 7/12 extracts and now you can search desired copy of 7/12 extract online. Here is the official link of government to find 7/12 extract.

https://mahabhulekh.maharashtra.gov.in

Please take a note that you can search and print the copy of 7/12 extract online or from above link but said copy has to be certified by talathi. Government started to provide 7/12 extract with digital signature in some district but yet to be implemented in entire state. Government is working on web based project for making e-mutation entries so that people can easily view mutation entries along with 7/12 extract. You can visit above link for more information.

 ©Advocate Anjali Zarkar

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