It is easy. the record is available online in so many states like in Rajsathan.
How to obtain old 7/12 extract of a property which is 44 years old?
Hi My father had purchased a property in 1974, in Thane district Maharashtra. My family used to live there, however since 80's the property has been rented out till date. My father passed away recently and we got the property transferred on my mothers name. We do have all legal documents such as sale deed, heirship certificate etc. We have got 3 property numbers for the same for which we are paying taxes sine 44 years. However, we were not able to find 7/12 of this property. I don't know if my father had got it transferred. I had checked the survey no mentioned in sale deed but no result. I visited the talathi office, but they are asking me to give them the old 7/12 oor they can't do anything. I don't know how to obtain a document which is 44 years old. My father(buyer) and the sellers are all dead now. Whom should I contact for the old 7/12 My mother wants to sell the property but buyers are adamant about 7/12. They are afraid that if the 7/12 is still in the name of old owners their grand children's may create hurdles. Please advise how can I get the old 7/12 and get it transferred on my mothers name? Also can I sell the property without 7/12 extract?
Asked 6 years ago in Property Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
12 Answers
entry in revenue records does not confer title to property
2) it is only for payment of property taxes
3)sale deed would contain details about 7/12 of the proeprty
4) you must be having original chain of documents of seller
5) it would reflect 7/12 extract of the property
I don't have the 7/12 in sale deed. I searched it online via survey no, but no result. May be as the property is more than 30 years old. They are asking me for a copy of old 7/12 but I don't have one. They said they will help me only and only if I get the old 7/12. What to do now? Can I sell the property without 7/12 I think my dad never made it. Hi My father had purchased a property in 1974, in Thane district Maharashtra. My family used to live there, however since 80's the property has been rented out till date. My father passed away recently and we got the property transferred on my mothers name. We do have all legal documents such as sale deed, heirship certificate etc. We have got 3 property numbers for the same for which we are paying taxes sine 44 years. However, we were not able to find 7/12 of this property. I don't know if my father had got it transferred. I had checked the survey no mentioned in sale deed but no result. I visited the talathi office, but they are asking me to give them the old 7/12 oor they can't do anything. I don't know how to obtain a document which is 44 years old. My father(buyer) and the sellers are all dead now. Whom should I contact for the old 7/12 My mother wants to sell the property but buyers are adamant about 7/12. They are afraid that if the 7/12 is still in the name of old owners their grand children's may create hurdles. Please advise how can I get the old 7/12 and get it transferred on my mothers name? Also can I sell the property without 7/12 extract?
Asked 6 years ago
Hello,
The 7/12 extract is issued by the Tehsildar or the concerned land authority. You can either pay the official fee to get a copy of the 7/12 extract or use the Right to Information (RTI) act to get a copy.
7/12 extract is not a conclusive proof to an established title. It is only the land record for revenue purpose and it can be used to show the possession rights of the land. So, no title can be transferred on the basis of 7/12, therefore it is the trust of the purchaser on the basis of which the property can be sold.
Regards
1. IF you know the Gat No., Survey No. Village name and the former Seller's name or New Purchasers name, THEN 7x12 can be procured on-line (https://mahabhulekh.maharashtra.gov.in)
Keep Smiling .... Hemant Agarwal
contact a local lawyer .
2)through search clerk he would carry out search and obtain details of old 7/12 extract
3) purchaser insists on 7/12 extract reflecting seller name in revenue records
You can obtain old 7/12 Extract copy from Mamledar kacheri means from Tahsildar Office of your property area.
Buyer can get the copy of the 7/12 document after paying the official fee or file petition under Right to Information Act to get the copy. As you are paying taxes for the same property it must be having 7/12 document with all he details of the property. Once you file a RTI then it will a duty of the concerned authority to get it. If nothing happens then you can file a appeal of the RTI in the appellate.
Still after going through all this you don’t get a desired outcome then file a suit for declaration in the civil court.
This is my response to you:
1. Have you checked this link: https://mahabhulekh.maharashtra.gov.in/;
2. Try filing an RTI and the PIO has to give you some response within 30 days;
3. You can also engage services of a lawyer and do a title search report;
4. You can also approach the court and get full claim on the property since you have been staying on it for more than 30 years;
5. You become the owners of the property by adverse possession and the by the right of easement;
6. Therefore once you do the above search then you are bound to find the original 7/12 or atleast get fresh order from court;
7. Then the tehsildar will have to grant you a fresh 7/12 wherein your records will be fresh;
8. After completing all the formalities you can sell the place.
The 7/12 are not title documents, it is a record showing the transactions of the property in the past.
No doubt it is essential, but for getting it transferred to your name, you apply for the same by producing the legal heirship certificate and the death certificate of the deceased property owner.
Let them reject to accede to your request, you can get that reply in writing and drag them to court seeking direction to the concerned department to record your names in the 7/12 records.
They said they will help me only and only if I get the old 7/12.
What to do now?
Can I sell the property without 7/12
If there is a buyer willing to buy the same without the 7/12 record, you may proceed, or else you may seek a direction from court to get it from Tehsil office
Please advise how can I get the old 7/12 and get it transferred on my mothers name?
Also can I sell the property without 7/12 extract?
You first apply for the same in writing by submitting an application in a plain paper by enclosing legal heirship certificate, copy of sale deed, copy of death certificate etc.
Let them reject the same and give them in writing after which you can approach court with a suit for mandatory injunction.
Please advise how can I get the old 7/12 and get it transferred on my mothers name?
Also can I sell the property without 7/12 extract?
A. You can get the old 7/12 extract from tahsildar office in your area after payment of requisite fee.
You can sell the property without 7/12 extract as it does not confer any title on its holder is only used for revenue purposes and ascertaining previous ownership etc.
