1) under section 7 of The Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947, “fragment” is not allowed to transfer except to the owner of a contiguous survey number or recognized sub-division of survey numbers. Also no land shall be transferred so as to create “fragment”.

2) Talathi is not empowered to subdivide the land

If the whole land is undivided among its co sharers then one of the co sharers can very well sell land which is within his share.

However unless and until the whole joint proeprty is not divided and demarcated among the respective co sharers the purchaser can not take physical possession of the land sold out of joint undivided proeprty.

Though you can purchase 5 gunthas out of the undivided 69 gunthas, you can't construct a well since your five gunthas will not be demarcated and identified till the time the partition of the entire 69 gunthas is effected.

Please note that seller in order to transfer 5 gunthas of land to you, should sub divide the plot for demarcation of the part that will be transferred to you; and subsequently that part of the land will be transferred to you by means of a sale deed.

Regards

Hi, you can specifically mention the khasra no. And demarcation of the land in sale deed .. If the land is jointly owned by more then one person , make sure they have partitioned the Land

after the fixing of the groundaries for this 5 guntha land out of 69 guntha land you can safely purchase the property.

Process the purchase on the basis of rate per guntha, call the surveyor and the village revenue officer with the revenue records, get the property proposed to purchased by making demarcations and fixing the boundaries, get the property bought by executing a registered sale deed, apply for mutation of records and take possession and enjoyment of the property so purchased.