25 points to check before buying agricultural land in Maharashtra

Agricultural lands are the land which is generally used for farming or cultivation purposes. In Maharashtra, the agriculture land can be purchased by an existing farmer only. The farmer may be anywhere from India. But if you check all the related documents well in advance than you can avoid all the future problems that usually comes in land transactions. Below is the list of most common documents that needs to be checked before buying a land in Maharashtra.

1. 7/12 Extract – This extract contains details such as survey number, hissa number, gat number, size of the land, full names of the owners, crops that are grown on the land, loans if any on the land, etc. It can be obtained from the Local Talathi office or can be easily downloaded from the website - https://mahabhulekh.maharashtra.gov.in/ . You will require District name, Taluka, Village name and Gat/Sr number or Owner’s Name handy while downloading it.

2. 6/12 Extracts – This extract has various mutation entries about different types of rights that are transferred or created to the legal heirs or the purchasers of the land. It shows the details of how the land has been transferred and what other rights or conditions had been added or modified. Other names of a 6/12 extracts are Fer Far, Mutation extract, Hakka Patra, D Patrak.

3. 8-A Extract – This extract is in the form of book which shows the details of the land revenue tax paid on the land, types of crops, names of the owners, etc. Generally it has to be read with 6/12 and 7/12 extracts.

4. Land Revenue Tax Receipts – The Tahsildar or the officer at Tehsil office gives the receipt of the tax paid on the revenue generated from the land.

5. Village Map & Block Plan ( Gaon Nakasha ) – This map is needed to identify the location of the land in the village. This is to tally the actual location and location on the document.

6. Access Roads – There has to be a confirmation from the Revenue office. Also there has to be a record of the approach road in the Register-26 of the Panchayat office.

7. Soil Testing – If the purpose of buying the land is to grow crops, then soil testing is very essential. It gives the clarity on which crops are to be grown in the land. Soil testing can be done from the Government as well as from the Private Institutions.

8. Reservations or Acquisitions – Scrutiny should be done whether any part of the land has been acquired by the P.W.D, Panchayat, Irrigation, State Government or any other authorities.

9. Agricultural Land Ceiling – Categories have to be confirmed of the land. A No- Objection certificate has to be obtained from the Collector if required. ( For non – agriculturists , take guidance from the local advocates ). The size of the land should be in accordance with the Land Ceiling Act of Maharashtra.

10. Original Title Deed – These should be thoroughly checked by the legal advisor in order to ensure that the land is clear from all the litigations and that the title is clear.

11. Public Notice – Notice regarding the purchase of the land should be given in the minimum of two local newspapers to check the title of the land with the guidance of your legal advisor.

12. Encumbrances – Bank loans, Private party mortgages, Government dues or any such charges should be checked and cleared well in advance of the sale deed.

13. Litigations – All litigations, if any, should be carefully studied before the sale deed of the land.

14. Demarcation, Boundaries and Survey – DILR and the Circle Inspectors are the authorized officials to conduct the survey of the land.

15. Disputes relating to boundaries – These types of disputes needs to be settled well in advance before actually commencing the sale deed.

16. Claims from outsiders – Any boja, isaar, power of attorney or any claims should be settled before the sale deed.

17. Family disputes – This has to be known and settled well in advance before the sale deed. All the disputes related to the family, joint-owners, succession entries, etc. need to be solved before.

18. Cultivators Land – This type of land as listed under the Kul-holding u/s 32-G is not allowed to sell by the Collector or the Revenue Tribunal. Hence all the lands of the cultivators should be strictly avoided.

19. Aadivasi Land – The lands belonging to aadivasis should not be purchased at any cost.

20. Inami Land – There are many conditions attached to these types of lands. It is advisable to not involve in these types of lands.

21. Only an agriculturist can acquire an agricultural land. A non-agriculturist can purchase an agriculture land with the prior consent from the District Collector.

22. Agreement to sell – This should be drafted and executed from your legal advisor with all the terms and conditions.

23. Deed of conveyance – This is to be finally, executed and stamp duty to be paid.

24. Registration of the deed – The conveyance should be duly registered with the registrar of the sub registrar office with all the stamp duties paid for legal effect.

25. The names of the new owners should come on the 7/12 extracts within six months of the registration.