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Shubh   13 December 2017

Transferring name on 7 12

I have submitted all the required document to the local talathi and its been more than 2 years he has not completed transfering of name on 7 12. What are my options. I have met him multiple time . First time he lost one of the document so I resubmitted that and he has also given me the receipt. Even then he is not moving the file. Kindly advice


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 2 Replies

fayyazz (officer)     17 December 2017

As many buyers in Maharashtra have complained to the Revenue Dept that Talathis are unnecessary delaying mutation change even if the Agreements are Registered under Indian Registration Act 1908, the Govt of Maharashtra curtailed (took away) powers of Talathi of issuing Vardi notices or asking people to come in person in front of His Highness the Talathi (who is the lowest rank officer in Revenue Dept.) I presume you have purchased the property by a Registered Agreement.

As per latest amendment on 30 June 2014 to Section 150 of Maharashtra Land Revenue Code 1966, it has been now made automatic mutation via electronic mode. If you have purchased the land under Registered Agreement and you have paid proper stamp duty and Registration charges then, as per latest amended law, there is no need for you even to visit the Talathi office or supply him any copy of Regd Agreement or Index-II or Goshiwara etc. The Sub-Registrar who has registered your agreement sends by Electronic Mail every month a report to the Tahsildar and the Talathi in whose area the plot is situated and for which the Sales Agreement is registered. Then the Tahsildar from his side also instructs the Talathi every month for the change of Mutation of the plots/lands for which there are Registered Agreements. Talathi, as per law is supposed to enter names of new buyers in mutation record and keep it for his area Circle Inspector or Awwal Karkoon to verify the Talathi’s entry. Once Circle verifies it then immediately the name of new buyer should be visible on Mahabhulekh portal.

The need of Vardi Notices or asking the Seller’s to come in person in front Talathi (who is lowest ranking officer of Revenue Dept.,) and making gardi at Talathi offices has been now abolished by the Govt of Maharashtra from 30 June 2014. You can file and complaint and also a RTI to Tahsildar’s office to check why the Talathi is harassing you despite the Agreement is a Registered Sales Deed.

There are more than one way to force the Talathi to change mutation entries legally and officially.


Ibrahim Deshmukh
Legal Consultant
ibdesh@gmail.com
www.law-india.com

1 Like

Shubh   02 February 2018

Thank you very much sir. Your response and the detailed explanation is very much appreciated.Will it be possible If I get in touch with you to undertsnad how better should i handle this matter legally.

I couldnot find your contact detail in here. Kindly call me on my number that is 8657774689.

 

Thanks again .

 


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