How Are Maharashtra Land Records Maintained And What is a 7/12 Extract (SatBara Utara)?

Land Records in Maharashtra

Introduction

In Maharashtra, land records are collected through several village forms as prescribed in the Maharashtra Land Revenue Record of Rights and Registers (Preparation and Maintenance) Rules, 1971. These forms are maintained by the Revenue Department of the state through a land record officer called Talathi. A Talathi is entrusted with the duties of maintaining record of rights by updating mutation entries, collecting tax revenue, collecting irrigation dues, etc.

These forms consist of various sections and columns representing important information with respect to different aspects of land including ownership, legal status, crops grown, cultivation, irrigation, occupancy, taxes paid, etc. Hence, understanding of these village forms is essential for different parties including buyers, sellers, brokers, loan agents, etc.

Therefore, in this context, Village Form VI (Register of Mutation), Village Form VII (Record of Rights), Village Form VIII-A (Holding of Khatedar), Village Form XII (Register of Crops) and Property Card for cities, can be recognised as among the most important land records in Maharashtra. These have been discussed in detail.

A. Village Form VI(Register of Mutation)

Village Form VI or the Register of Mutation covers information about the historical records of the land. Mutation refers to the transfer or change of ownership and title of the land. Therefore, this form shows historical changes in the ownership of land comprising details of the past owners, type of mutation, details of mutation affecting the land such as gift, inheritance, sale, mortgage, lease, exchange, partition, decree of court etc. This document is also known as Pherphar Patra.

B. 7/12 Utara or Saat Baara Utara or 7/12 Extract (Record of Rights)

'7/12 Utara' or 'Saat Baara Utara' is a combination of two village forms namely Form VII and Form XII. It is an extract obtained from the land records register of any district in Maharashtra. This document is maintained as a record-of-right by the Revenue Department of the state. This extract is a comprehensive source of information about any piece of land situated in the rural areas of Maharashtra. It provides significant details regarding its physical location, legal status, ownership details, occupancy details, rights & liabilities of holders, cultivation details, mutation number, details of outstanding loan, details of pending litigation, taxes paid or unpaid, types of crops grown, area under crops, irrigation details, etc.

The name of the extract, i.e. 7/12 Utara, comes from two forms which are prescribed in the Maharashtra Land Revenue Record of Rights and Registers (Preparation and Maintenance) Rules, 1971. These forms are explained below:

Village Form VII – It shows the upper part of 7/12 extract and is used to record the details of ownership, occupancy details, tenancy details, rights & liabilities of holders, account number of the land holder, village name, taluka name, survey number, sub-division number, local name of the field, mutation number and other such details. This form is also known as Adhikar Abhilekh Patrak or Record of Rights.

Village Form XII – It denotes the lower part of 7/12 extract and is used to record agricultural characteristics of the land such as types of crops grown, names of crops, area under crops, type of irrigation, cultivator details, crop season, etc. This form is also known as Pikanchi Nondvahi or Register of Crops.

The details collected under both these forms are entered in the Land Records Register held by the Revenue Department of the state. And, a 7/12 extract is issued in order to get the details about a particular piece of land. One can obtain a copy of this extract by applying at the respective Tehsildar's office. The document can also be derived online from the land record website of Maharashtra, i.e. Mahabhulekh.

Importance of 7/12 Extract

7/12 Extract is a very important document particularly in case of a buyer seeking to buy a plot of land in the rural areas of Maharashtra. Since, it comprises a wide spectrum of information, a detailed understanding of this document is essential for various parties involved in a transaction.

The extract provides vital details about the ownership of the land and can also be used to obtain ancestral information of a land. Moreover, it also ensures the buyer about the legal status of a land in terms of any pending claims, past disputes or any pending litigations.

It offers extensive description about the agricultural aspects of the land, its physical identity, details of crops produced, types of activities carried out on the land, etc.

It is needed to be produced at the office of sub-registrar when a sale transaction takes place.

It is also required to be submitted to obtain loans from the bank.

In case of any civil litigation, the court asks for land record proofs. Hence, submission of 7/12 extract becomes essential to fulfil such requirement.

Understanding the Components of 7/12 Extract

7/12 extract is a detailed combination of Village Form VII and Village Form XII. Both these forms consist of various sections and columns, each representing a unique set of information. However, these contents and terms are mentioned in the local language of the state which is Marathi. Hence, it becomes utmost important for any concerned party to have a precise understanding of these components.

A simplified description of the respective components of Form VII and Form XII is given below:

1) Components of Village Form VII:

Gaav Namuna Saat (Adhikar Abhilekh Patrak)– Village Form 7 (Record of Rights)

It shows the heading of the upper part of7/12 extract and is used to record the details of ownership, occupancy details, tenancy details, rights & liabilities of holders, account number of the land holder, village name, taluka name, survey number, sub-division number, local name of the field, mutation number, etc.

Gaav – Village Name

It shows the village name.

Tahsil or Taluka

It is the name of the sub-division of a district where land is located.

Bhumapan Kramank – Survey Number/Gut Number

It shows the survey number or area number of the land.

Bhumapan Kramankacha Upbhivaag – Sub-division of Survey Number

It is the sub-division of a survey number of the land.

Bhudharana Paddhiti – Type of Occupancy

It shows the type of occupancy and is a very important column in the form. Persons are classified into Occupant Class-1 and Occupant Class- 2.

Occupant Class I – Persons classified in this class can transfer the land to a person who is an agriculturist, without needing any permission from the collector.

Occupant Class II – It includes lands purchased by tenants under the provision of The Bombay Tenancy And Agricultural Lands Act 1948. It also covers land granted by the government to people belonging to categories of schedule castes and schedule tribes as well as freedom fighters, members of armed forces, ex-service men. Persons holding land under this category are classified under Occupant Class II. They are allowed to transfer land only after obtaining permission from the collector.

BhogvatacharacheNaav –Holder Name or Occupant Name

It refers to the names of the persons who hold the land as holders, joint holders, occupants, government lessees or tenants.

Mutation Entry

It is shown as a circled number entry in the extract and is sourced from the Register of Mutation (Village Form VI). The circled mutation entry shown reflects the transfer of ownership/right in a specific piece of land through various types of mutation. Only a certified mutation entry can be recorded in 7/12 extract.

Khate Kramank – Account Number

It shows the account number of the land holder obtained from the Khate Pustika issued under the Maharashtra Land Revenue Khate – Pustika(Booklet) (Preparation, Issue and Maintenance) Rules, 1971.

Kudanche Naav – Name of Tenant

It refers to the name of the person classified as tenant as per the applicable tenancy law.

Shetache Sthanik Naav – Local Name of the Field

It denotes the locally given name to a field, based on any particular shape, location or any other attribute.

LagvadiYogyaShetra – Cultivable land area

It denotes that area of land which is suitable for cultivation.

Potkharaba (LagvadiYogyaNaslele) – Uncultivable land area

It denotes that area of land which is uncultivable or unfit for cultivation. It is shown under two categories:

Category A – Comprising uncultivable land area because to rocky terrain, land covered under drain and land under farm building, etc.

Category B – Comprising uncultivable land area because of reserved land for public use such as land used for road, land used for foot path and land used for providing drinking water to the public, etc.

Aakarni – Assessment

It mentions the amount of assessment tax charged on land.

Judi Kivva Vishesh Aakarni – Judi Tax or Special Assessment

It represents revenue paid by the person to whom the land is given by the Government.

Itar Adhikar – Other Rights

It consists of important information about various statutory or general obligations including restriction on land transfer, liabilities on the holder, encumbrances on land, other rights associated with the land. It provides details of other claims, obligations, restrictions, rights of third parties associated with the land and should be carefully read before closing a transaction. Therefore, this is an important section and should not be ignored while analysing a 7/12 extract.

2) Components of Village Form XII:

Gaav Namuna 12 (Pikanchi Nondvahi) – Village Form 12 (Register of Crops)

It denotes the heading of the lower part of 7/12 extract and is used to record agricultural characteristics of the land such as types of crop grown, names of crop, area under crops, type of irrigation, cultivator details, crop season, etc.

Varsh – Year

It reflects the year when the crop was grown.

Hangaam – Season

It indicates the season when the crop was grown such as Rabi or Kharif.

Pikache Naav – Name of the Crop

It refers to the name of the crops which are being grown.

Pika Khalil Shetra – Area under Crops

It shows the area of land on which crops are grown. It is sub-divided into following categories:

Misr Pikache Ekun Shetra – It shows the total area of land covered by mixed crops

Ghatak Pike Va Pratyek Pikanche Shetra–It shows the area of land covered by exclusive crops

Nirbhar Pikache Shetra – It shows the land area covered by refined crops

Padit Va Pikas Nirupyogi Asa Jaminicha Tapshil – Information of Unusable Land

It refers to information on waste land and unusable land area.

Paani Puravtyanche Saadhan – Means of Water Supply

It gives information about the means of water supply.

Jal Sinchan – Water Irrigated

It mentions about whether a land is irrigated through water or is rain fed.

Ajal Sinchan – Anhydrous Irrigated

It means irrigation of land with a substance in the absence of water.

Jamin Kasnartache Naav – Name of the Cultivator

It mentions the name of cultivator other than farmer, if any.

Shera – Observations

It includes any remarks, observations or comments.

C. Village Form VIII-A

Village Form VIII-A represents holding of khatedar, i.e. land holder. It covers various details such as name of the village, taluka name, district name, survey number of the land, sub-division of the survey number, area of land, account number of the land holder, amount of assessment tax payable by the land holder, etc. This form basically helps in knowing the responsibility of each person towards payment of land revenue (tax). It is also known as the Holding Sheet of Khatedar. Form VIII-Acan be easily obtained online from the land record website of Maharashtra named Mahabhulekh, i.e. Maharashtra Bhumi Abhilekh.

D. Property Card or Malmatta Patrak(Record of Rights)

Property Card or Malmatta Patrakis an important extract obtained from the urban land records register of the Government of Maharashtra. It is recognised as a record-of-right, certified by the state government and is considered as an important proof of property ownership. The document contains significant details regarding the ownership or title of the land and also provides history of holdings in land situated in the urban areas of Maharashtra.

Both Property Card and 7/12 Extract are classified as Record-of-Rights by the state government. However, while Property Card gives record of ownership for a land situated in urban areas, 7/12 Extract offers detailed information about the ownership and agricultural aspects of a land situated in the rural areas, which are outside the city limits of the state.

The Property Cards can be obtained from the city survey offices. These can also be downloaded from the Mahabhulekh website which comprise online land records of Maharashtra, thus making the process more transparent and convenient.

Importance of Property Card

There are several occasions when a land holder or a property owner is required to furnish a certified proof of ownership. In those cases, possessing a certified Property Card can very well serve the purpose. It holds great significance for a buyer interested in either buying a plot of land or a residential unit. And, therefore it must be carefully understood before proceeding ahead with the transaction.

If a person is looking to buy a plot of land in some urban area of Maharashtra, he/she must ask for the Property Card of the seller. Since, a Property Card confirms the actual owner of a land falling in urban area, it should be duly checked for this purpose.

A Property Card can also be used to obtain ancestral information of a land. Such details can prove to be extremely useful in case of a dispute.

Components of Property Card

A Property Card is very informative and must be carefully read as it contains a number of essential details relating to land and its ownership. The significant contents of Property Card are listed below:

• District Name
• Taluka Name
• City Title Survey Number of the land (CTS Number)
• Plot Number
• Area of Land in Square Metres
• Name of Land Owner
• Changes in Ownership Title
• Mutation Record Any Encumbrances
• Any Loans taken by the Land Owner from Government Agencies
• Any Pending Litigations
• Paid and Unpaid Taxes Levied on the Land
• Other Comments