Identify record of Rights or 7/12 extract

TO IDENTIFY RECORD OF RIGHTS OR 7/12 EXTRACT OF AN ADIWASI LAND.

Elavirating further on the specialized subject of restriction of transfer of Adiwasi Lands and it’s relevant factors, I hereby recapitulate some of the eminent points of serious considerations for the general reference of urban public.
(a) Refer Figure given below: It is a copy of record of rights for the land usually known as 7/12 extract. For all lands belonging to Adiwasi it is a statutory obligation on the part of the revenue department to put a rubber stamp (as shown in figure); which means that the land is subjected to the provisions stipulation under section 36 and 30-A of the Maharashtra land Revenue Code, 1966.
Section 36 the Maharashtra Land Revenue Code, 1966, stipulates: “ Notwithstanding anything contained in sub-section 36(1) occupancies of persons belonging to the Scheduled Tribes (hereinafter referred to as the “Tribals”) ; being occupancies wherever located in the State, small not be transferred except with the previous sanction of the Collector.
Section 36 and subsections 1,2,3, 3A, 3B, 3D, 4 are explained at length in my previous articles.
Section 36-A of the Maharashtra Land Revenue Code, 1966, is regarding Restrictions on transfers of occupancies by Tribals. No occupancy of a tribal shall be transferred in favor of any non tribal after the commencement of the Maharashtra Land Revenue code and Tenancy Laws (Amendment) Act, 1974, and more specifically on or after 6th July 1974. Transfers in favor of any non-tribal by way of sale, gift, exchange , mortgage, lease or otherwise, inclusive of sales in execution of a decree of a civil court or an award or order of any Tribunal or Authority is not permitted but except with the previous sanction:-
(a) in the case of a lease or lease mortgage for a period not exceeding 5 years (though Collector).
(b) In all other cases with the previous approval of the State Government; but after vertifying that no other tribal is willing thereof from the same village and /or within 5 kilometers thereof from the proposed tribal’s land.
If the transfer of occupancy to a non-tribal is detected after the commencement of the Maharashtra Land Revenue Code and Tenancy Laws (Amendment) Act, 1974, ( in the contravention of sub section (1), the collector shall should hold sue mote proceedings to declare the transfer to be invalid and shall vest the same in the State Government and can dispose of in such manner as the State Government may, from time to time direct.
If the occupancy is vested in the State Government under subsection (5), the tribal transferor shall be asked to purchase the land within 90 days. If he is willing the occupancy may be granted to him on paying prescribe purchase price and on undertaking to cultivate the land personally. But his total land holdings should not exceed an “economic holding” limits.
In this article I have sincerely attempted to clarify and explain the meaning of rubber Stamp incorporated on 7/12 extracts of all Aiwasi lands as shown in figure above. Section 36 and 36A of the Maharashtra Land Revenue code 1966 are extremely fundamental in understanding laws relating to Adiwasi Lands.
Let me apprehend our readers intellectual that record of rights without this rubber stamp need not be necessarily safe. Very often “Talatis” conveniently forget to put this stamp. Hence complete revenue search should be undertaken to verify the occupancy of land to ascertain that it does not belong to a tribal

9 Comments

  1. D R patel

    May Land 7/12 coda are Old Condition, I want to convert Non Agricultural land, I sumeted at collector for NA parmition, after 80 days the collector given answer to unable NA due to Land 7/12 coda are Old Condition, But I not understand why not permit NA for type of Land 7/12 codaare Old 

  2. MAHESH

    DEAR SIR/MAM, I AR.MAHESH KULKARNI TO GIVING YOU THE INFO.I PURCHASED LAND IN 2000,BEFORE BUY THEIR WAS NO MENTIONED IN LAST 50 YEARS “SEARCH”FROM DATE OF PURCHASE BUT WHEN I REGD.PURCHASED, TILL TODAY 7/12 “NEIGHTER TALATIS NOR TAHSILDAR ARE NOT READY TO MAKE OWNERSHIP ON MY NAME DUE TO IT IS ADIWASI LAND AS/ THEY HAVE MENTIONED ON 7/12 AFTER I PURCHASED,SO WHAT IS PROCEDURE TO MAKE “OWNERSHIP TITLE” PLEASE GIVE ME ADVISE WITH THE HELP OF BYE-LAWS,IF YOU HAVE TELL ME I’M READY TO PAY FOR THAT,THANKS

  3. sir i purchased 1 acre land in murbad kalyan i got registration documents but uptill now not getting 7/12 utara they ask me to bring ferfar and my 7/12 utara .i myslef dont have 7/12 utara so i took my mothers 7/utara but when i bring the new ferfar in that they write taithpurti which the talati is not accepting kindly tell how to the get the 7/12 utara .

  4. jimit

    sir is there any web site for online 7 12 of Gujarat state???

  5. Bhagtyani Jeetu

    Dear Fidelia Dsouza,
    first go to the talathi office, there u take the xerox/original of your registered documents, and submit it to the officer and get new ferfar (mutation entry) No. after taking the form No.VI i.e. new mutation entry no. mentioned in that form and submit that form to the talathi office of kalyan and also submit the xerox copy of the registered document. hope this will help you to get the 7/12 extract.

  6. rajesh shukla

    Dear Sir,

    I have purchased flat at ahmedabad but 7-12 is name of society, i want to know this is right or qrong.

    Pl confirm…………..Thanks & regard Rajesh Shukla
    098987 32112

  7. anita

    ny name was on 7/12 of agriculture land in maharastra 9months ago.can i still purchaseagriculture land in maharastra.how long is the old 7/12 valid

  8. sachin shinde

    i want maharashtra tribl act section 36(a) and 36(g)

  9. S.B.Bora

    Dear sir, I revised layout and got revised N.A.order44.But, land authority told me go for demarkation and come for new 7/12. But people are not coperating me for expenditue of plot demarkation. Hence,I am unable sale plot due to this problem.

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