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suraj chopade (executive)     09 May 2013

Required advice

Please help me about documents requirement to identify property is legal or not in badlapur/ ambernath

& aslo provide list of document to identify plot is available ofr sale.



 4 Replies

bhagwat patil (Property due diligence 9422773303)     09 May 2013

Following are few things should be checked...Village Form VI This form is also called register of mutation. In the registered of mutation we are getting details of all the change in rights and restrictions taken place over the land. Change in rights may be due to inheritance, will, partition or transfer of land by way of sale, mortgage, lease, exchange or gift. Mutation entries are the basis of further investigation of the title. Village Form VII-XII This form is also called Record of Rights and Registered of Crops. Buyer should obtain copies of record of rights (Village Form VII-XII), mutation entries (Village Form VI). There is no rule as to the period for and up to which the title is required to be investigated or examined. Generally as per one opinion verification of land record of 30 years is sufficient. This is on the ground that the minor requires 18 years to attain majority and thereafter, he can claim his share within 12 years. However as per my opinion considering some enactment currently in force this period is not sufficient. I would like to explain the reasons behind it. The Section 32 Bombay Tenancy And Agricultural Lands Act, 1948 of the act provides compulsory transfer of ownership rights of tenanted lands to the tenants from 1st April 1957 which is known as the "Tillers' Day". There is complete sale and purchase on the tiller’s day. The title of landlord passes immediately to the tenant on the tiller’s day. There are some cases where tenant has shown unwillingness to purchase the land. Under the circumstances landlord has to follow procedure of taking possession as per section 29 of the act. In those days instead of going through this procedure, landlord had managed to remove tenant's name from the Record of Right. Now new generation of tenants are taking advantage of this error. There are cases where Record of Right shows no entry of tenant for 45 years and afterward tenants are purchasing land from the landlord almost at no price. Also in some cases where real occupant of the land is illiterate or settled somewhere else other than his native place; his land is grabbed by antisocial elements under the name of "tenant" by preparing false evidence. For the reason mentioned above buyer should verify all records available at Talathi office and Tahasildar office and should preserve copies of them for life
1 Like

suraj chopade (executive)     13 May 2013

thanks for quick reply.

i request you to specify in simple language, post is in legal language it is difficult to understand.

chopade.suraj@gmail.com

bhagwat patil (Property due diligence 9422773303)     13 May 2013

1)current 7/12 extract or property card.2)search report for 30 years.3) zone certificate.search of litigation pending on property.These above mentioned are preliminary documents required.

suraj chopade (executive)     14 May 2013

thank you sir

also help me about how to identify new residential apartment is legal or not.


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