7/12
Arul Kumar
(Querist) 23 November 2011
This query is : Resolved
Dear Experts,
Pls provide me with information on 7/12 extract or document and its significance.
Thank you,
Regards,
Arul Kumar
prabhakar singh
(Expert) 23 November 2011
Village Form VII-XII(Maharashtra)
For more details please see Section 148, Section 157 and Section 327
This is combined Registered of Record of Right and Registered of crops.
Registered of Record of Right and Registered of crops is prepared and maintained by Talathi in the combined village form VII-XII and Registered of Mutation in village form VI.
Information available in record of rights:-
Names of all persons who are acquired some rights in the land, nature and limits of their rights and conditions under which the rights are acquired by them.
Rent or revenue required to pay by them.
Details of charges of attachment and decrees under the order of civil court or revenue authorities
Details of loan taken by the occupant
If land is classified as a “fragment” under the section 6 of the Bombay prevention of fragmentation and consolidation of holding Act 1947, the same is noted in this record.
Easement, such as right of way is entered in this record.
Procedure of change in rights:-
Any person acquiring by succession, survivorship, inheritance, partition, purchase mortgage, gift, lease or otherwise, any right as holder, occupant , owner, mortgagee , land lord, Government lessee or tenant of the land has obligation to report in writing his acquisition of such right to the Talathi within three months from the date of such acquisition.
When any document is registered under Registration Act 1908, creating any right on land, registering officer has to send intimation to the Talathi and Tahasildar in the first week of each month in respect of documents registered in the preceding month.
After receipt of acquisition report from the person or receipt of intimation from the registering officer, Talathi has to make entry of the same in the registered of mutation. To safeguard interest of the person acquiring right or intend to acquire right in the land Talathi has to write mutation number on record of right by pencil. He has to post up complete copy of the mutation entry in a conspicuous in the Chavdi. Also he has to give written intimation to all persons whose names appeared on record of rights, register of mutation and to any other person to whom he has reason to believe that they are interested therein. Circle inspector has to certify the mutation entry after verifying correctness of the entry. Talathi has to correct relevant village forms and their abstract in accordance with the certified entry.
Where collector‘s permission is required to obtain before acquiring right, person has to apply in prescribed form to the collector. Where right is acquired without permission, Talathi has to record this fact in the register of mutation. Right so acquired will be treated as a null and void.
Rewriting of record of rights:-
The record of rights shall ordinarily be rewritten after a period of ten years. The sub-Divisional Officer may direct the record of rights to be rewritten at the end of a shorter period if he considers that in view of the number of entries made in the record of rights in respect of a large number of survey numbers or sub-divisions of survey numbers in the village, it will be difficult for the Talathi to make any further entries therein.
When the record of rights is to be rewritten, the Talathi shall transfer the entries in the record of rights as they stand up to date to fresh copies of record of rights. The record of rights so prepared shall be checked by the Circle Inspector.
Entries made in record of rights are presumed to be true until the contrary is proved. Where presumption is rebutted by evidence, the entry in the Record of Right does not have its evidentiary value.
The person who raises dispute about incorrectness of the entry in the record of right has to prove his allegations. The entries in record of right, registered of mutation etc. are evidence of the fact recorded therein under section 35 of the Indian Evidence Act, though is not conclusive evidence. The entry in this record has high degree of evidentiary value but the entries create no title.
niranjan
(Expert) 23 November 2011
I agree with reply of Mr.Prabhakar Singhji,however I would like to add that VF VII-XII mainly reflects as to who is cultivating the land and in the last column method of cultivation figures 1-2-3 are being written which show that cultivation by owner, cultivation under personal supervision and cultivation by tenant respectively,so when there is a dispute of possession,the person whose name is appearing other than the owner would claim tobe tenant of the land and if in this VF,method 3 is not written,it will be deemed that he is labour and not tenant.
Raj Kumar Makkad
(Expert) 23 November 2011
7/12 is statement of land records containing the agriculture/non-agricultural land dimensions, tax on it.
Issuing offices are theTehsils, talathi offices nearby the location of landowners
7/12 extract is more important than any other document. Property card is important in dealing with Gavthan (Village level)land.
