To transfer name in the 7/12 extract(property law)
Debashish
(Querist) 15 December 2014
This query is : Resolved
My father purchased agriculture land with sale deed in 1988 in Thane,Maharashtra and also registered it in the name of himself,my mother and my uncle’s name(as uncle was a bachelor whole life and lived with us).The registration papers,Sale deed,Index II,Municipal taxes and conditional NA and the Uttara was also in the name of my parents and my uncle but not the 7/12 and still it is presently in the name of the owner.Initially it was under the municipal corporation jurisdiction and we used to pay municipal taxes until 2002,now it is in Gram Panchayat juridiction and from 2002 we pay the gram panchayat taxes.We are staying on this property for more than 26 yrs now the 7/12 extract remains in the name of the owner and i want to get it transferred in the name of my living mother as my father and my uncle had already expired.I had forwaded all the relevant documents with 7/12 transfer request application to the talathi and the tahsildar office and they say that the name can be transferred only when farmer certificate (before the registration took place) is attached with the documents and the application,please let me know what and how exactly i can transfer the 7/12 in the name of my living mother,thanks
malipeddi jaggarao
(Expert) 16 December 2014
If you can get a copy of old 7/12, obtain and submit the same. If it is not available, ask the Tehsildar for the procedure.
Debashish
(Querist) 16 December 2014
I have already submitted a copy of 7/12 bearing the survey of the land submitted and they said that the old 7/12 is still in the name of the owner who is a farmer and to transfer the 7/12 in the name of my father i have to submit the farmer certificate of my mother as they say as per the law only a farmer can purchase a agriculture land,its already 26 years older and the land had been already registered with all the relevant papers except the 7/12 extract transfer,dear experts please let me know if we can submit a recent farmer certificate(2014) by purchasing a land outside maharashtra cultivating and get the purchased land 7/12 extract in the name of my mother and there by procuring the farmer certificate from the concerned tahsildar and submitting it here in the tahsildar office and get the 7/12 extract transferred in the name of my mother,please let me know,thanks regards
Debashish
(Querist) 16 December 2014
I have already submitted a copy of 7/12 bearing the survey of the land submitted and they said that the old 7/12 is still in the name of the owner who is a farmer and to transfer the 7/12 in the name of my father i have to submit the farmer certificate of my mother as they say as per the law only a farmer can purchase a agriculture land,its already 26 years older and the land had been already registered with all the relevant papers except the 7/12 extract transfer,dear experts please let me know if we can submit a recent farmer certificate(2014) by purchasing a land outside maharashtra cultivating and get the purchased land 7/12 extract in the name of my mother and there by procuring the farmer certificate from the concerned tahsildar and submitting it here in the tahsildar office and get the 7/12 extract transferred in the name of my mother,please let me know,thanks regards
malipeddi jaggarao
(Expert) 17 December 2014
Your father might be a farmer. Some 7/12 might be in his name. Give a copy of it to Revenue authorities along with these documents. Your mother has not purchased the land hence she need not submit farmer certificate. She is claiming the transfer only as a legal heir and after the demise of your father she might be continuing the cultivation. You represent these facts in a convincing way (do not ask me how) with revenue authorities and got the change in 7/12.
Debashish
(Querist) 17 December 2014
Dear Expert,you are right he was a farmer but it was many many years ago in kolkatta and he sold out all the lands and now we dont know anything about the land or any persons or any papers that referred the land there.My dad came here in mumbai in the year 1960 and some where around 1965 he sold everything and now its many years back.As for the present land was purchased in the name of three shares my father,mother and uncle and now father and uncle has already expired and now my mother had become the absolute owner of all the three portions as per the sale/purchase deed.So transferring 7/12 in my mothers name requires farmer certificate is it so?what can be done now to change the 7/12,regards
malipeddi jaggarao
(Expert) 18 December 2014
If the land is under cultivation and in the possession of one the claimants, the Revenue Authorities can enquire and give the status of farmer for transferring the names in 7/12. You have to manage with the concerned Revenue Department Authorities. They will find a way out.
Debashish
(Querist) 18 December 2014
Dear Expert,you are right but the problem is the land not cultivated and our house is constructed a long back on 1988 and there is hardly any left land for any cultivation,yesterday as you advised me to find out any land if in the name of my father,i searched for any documents and found out that there was a cultivation land in the name of my mother that was sold off around 1998 and was in possession from 1986.I have also found out that the said 7/12 records of right in the name of my mother but her name was that of before her marriage and was not changed after marriage.Can i submit,it the 7/12 extract showing that she was a farmer and she already owned agriculture land in kolkatta in her name that was sold off in 1998,thanks regards
malipeddi jaggarao
(Expert) 18 December 2014
When there is no agricultural land left over, where is question of 7/12 now? You need not have to worry as all other registered documents are with you and the land is in your possession, not in agriculture use and also there is no land left for cultivation.
Debashish
(Querist) 19 December 2014
Dear expert,I Thank you very much for your very good advice but recently the land owner came to me and told me that if you try to develop this land by myself or any developer i will have to get NOC(No objection certificate)from him and he will demand money for it as 7/12 extract is still in his name and he only reserves the right to develop this piece of land so i am been confused as to how this man after he sold off the land to my father came back after 26 years telling me such awful thing,please direct me,I really want to have full power of this land(mother) and not any other entity trying to extort and get money illegally from me or my mother.
malipeddi jaggarao
(Expert) 19 December 2014
7/12 is not a title deed and it will not reflect the ownership. Hence his threats are only to extract money. Better you ignore such threats.
Biswanath Roy
(Expert) 19 December 2014
According to Transfer of Property Act, whenever a land transfers inter-vivos it carries the same status in respect of its existing character, benefits and usage. If you proceed legally you can definitely get a statutory declaration from the court of law that can solve your problem.
T. Kalaiselvan, Advocate
(Expert) 22 December 2014
I agree with the advise of expert Mr. Malipeddi Jagga Rao. The need for 7/12 on the present owner is not essential on the given situation, if the previous owner is trying some gimmicks, you may ask him to proceed with his tricks, he can do nothing legally since he has sold the property long back.
Debashish
(Querist) 23 December 2014
Thank you all dear experts
Debashish
(Querist) 04 February 2015
Dear Experts,I submitted the 7/12 extract record of land in kolkatta to the tasildar office in thane that was found in my mothers name in my house and that was sold out around 1996-97,that also actually shows that my mother was also a farmer and owned the agriculture land there but now the tahsildar(thane) wants the farmer dakla or farmer certificate during that time she owned that land in kolkatta to get the 7/12 extract of the present and(thane)transferred in her name.
Debashish
(Querist) 04 February 2015
Dear Experts,I submitted the 7/12 extract record of land in kolkatta to the tasildar office in thane that was found in my mothers name in my house and that was sold out around 1996-97,that also actually shows that my mother was also a farmer and owned the agriculture land there but now the tahsildar(thane) wants the farmer dakla or farmer certificate during that time she owned that land in kolkatta to get the 7/12 extract of the present Land(thane)we are living in to get transferred in her name.
Debashish
(Querist) 04 February 2015
Please shed some light how can i get the 7/12 extract transferred in her name that shows that she was also a farmer before the land was purchased in maharashtra in 1988.
Biswanath Roy
(Expert) 04 February 2015
Your case relates to inheritance of the property of the deceased owner and your mother is successor in interest so proceed accordingly and get a declaration from the court of law.
Debashish
(Querist) 04 February 2015
Dear Expert,No i must let you know that My father purchased agriculture land with sale deed in 1988 in Thane,Maharashtra and also registered it in the name of himself,my mother and my uncle’s name(as uncle was a bachelor whole life and lived with us).The registration papers,Sale deed,Index II,Municipal taxes and conditional NA and the Uttara was also in the name of my parents and my uncle but not the 7/12 and still it is presently in the name of the owner.Initially it was under the municipal corporation jurisdiction and we used to pay municipal taxes until 2002,now it is in Gram Panchayat juridiction and from 2002 we pay the gram panchayat taxes.We are staying on this property for more than 26 yrs now the 7/12 extract remains in the name of the old owner and i want to get it transferred in the name of my living mother as my father and my uncle had already expired.I had forwaded all the relevant documents with 7/12 transfer request application to the talathi and the tahsildar office and they say that the name can be transferred only when farmer certificate (before the registration took place) is attached with the documents and the application,
Debashish
(Querist) 04 February 2015
Recently I have submitted the papers of 7/12 extract right of record of land in kolkatta to the tasildar office in thane that was found in my mothers name in my house with translation notarised and that was sold out around 1996-97,that also actually shows that my mother was also a farmer and owned the agriculture land there but now the tahsildar(thane) wants the farmer dakla or farmer certificate during that time she owned that land in kolkatta to get the 7/12 extract of the present and(thane)transferred in her name.Please shed some light hhow i can transfer the 7/12 rights of record from the owner to my mothers name for the land purchased in maharashtra by them,regards
Debashish
(Querist) 21 June 2015
Dear Expert,
I had gone to kolkatta and applied for the farmer certificate of my mother's land that she previously owned in kolkatta in between 1984-1997 on the basis of 7/12 extract that she owned in her name during that period and i received the farmer certificate in her name from the competent authority and will be sub mitting the same here in the tahsildar office to procure the 7/12 extract of this land we are presently living in maharashtra.So now the problem is that the Talati in the tahsil is asking me to submit the original farmer certificate to him personally and for how much period he is going to keep i dont know,He tells me that until the original Farmer certificate is submitted the 7/12 change of name is not possible.I am just thinking how a talati can keep a original property document without giving me anything in writing.I have to face many hurdles in procuring this original farmer certificate from kolkatta in my mothers name and if the original paper is lost then it can bring a greater problem to transfer the 7/12 extract in the name of my mother of this current land in maharashtra,Please advise me,how should i proceed.Your Expert guidance is highly appreciated,thanks
