• Factory/Agricultural land in Wada taluka

Our company purchased agricultural land in Wada district in year early 2000s. During the time of purchase the company directors were required to complete due diligence and convert the agricultural land into Non-agricultural land. However, due to negligence the said process was not performed and company developed 2 manufacturing unit on the land.
Additionally, in early 2000s, the company had 4 partners. Over the years 2 of the parts retired and deceased, so company has only 2 surviving partners. Partnership deed is now updated with the remaining partners and the deed also registered at RoF. However, the 7/12 of the land still states that the land is Agricultural and lists all 4 partners name.
Following are questions:
1. How do we change 7/12 of the land to reflect that the most current partners are listed on 7/12?
2. How do we change the status of land from Agriculture to Non-agriculture?

The intent of this exercise is to sell the said property land along with the factory unit to a potential buyer.
Asked 8 hours ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

3 Answers

1) Submit an application for a change in record of rights (Ferfar) to the local Talathi office having jurisdiction over Wada district.

 

2) Attach the newly registered partnership deed, Registrar of Firms (RoF) registration certificate showing current partners, and death certificates/retirement releases for the deceased or retired partners. 

3) The Talathi will post a mandatory 30-day public notice. If no objections are raised by legal heirs or third parties, the mutation is certified by the Circle Officer, updating the 7/12 ownership column.

 

4)for BA Access the online Building Plan Management System (BPMS) or local planning authority portal to regularize the factory structures and clear the required one-time conversion premium based on land value slabs.

Ajay Sethi
Advocate, Mumbai
100720 Answers
8234 Consultations

This situation is common with long-held industrial properties in Maharashtra. As you are preparing to sell the property, getting both the ownership mutations and the land conversion regularized is essential because the buyers, banks, and legal auditors will not complete a sale on a property with un-regularized land use or outdated 7/12 records.

To update the 7/12 records, you may have to approach the land revenue department with an application along with the documents viz., Re-constitution Deed / Revised Partnership Deed, Documents showing the formal retirement of former partners, Certified copies of death certificate of deceased partners, The Form A / Form C issued by the Registrar of Firms reflecting the updated structure.

The Talathi will issue a public/legal notice under Form 135 (Notice of Mutation) to the legal heirs of the deceased/retired partners to verify there are no disputes or unclaimed inheritance rights. Once certified, the names on the 7/12 extract will update to show the current surviving partners (or the Partnership Firm name, depending on how title was originally taken).

As manufacturing units are already built and operating without prior NA permission, this is technically considered an unauthorized Non-Agricultural (NA) use under the Maharashtra Land Revenue Code (MLRC), 1966. You cannot directly apply for standard prospective NA; you must apply for Regularization of Unauthorized NA Use

Apply to the District Collector / Sub-Divisional Officer (SDO) at Palghar (Wada falls under Palghar district) for regularizing the unauthorized industrial use by complying with the procedural formalities. Once approved and fees/penalties are paid, the Collector issues a Regularization Order and a Sanad (NA certificate).Maharashtra allows automatic/deemed NA under Section 44A of MLRC if the land is in a designated Industrial Zone in the Regional Plan (MRTP Act).

Land revenue matters involving old partnership mutations and regularizations require local liaison with the Tahsildar, Circle Officer, and SDO offices in Palghar.

T Kalaiselvan
Advocate, Vellore
90929 Answers
2525 Consultations

Dear Sir/Madam,

First verify whether the land belongs to the partnership firm or to the four partners individually. For updating the 7/12, submit a mutation application to the Talathi/Tahsildar with the registered partnership deeds, retirement deeds, death certificates and succession documents.

For industrial use, obtain regularisation and land-use approval from the competent Revenue and Planning Authorities, including payment of applicable premium, assessment and penalties. Since factories already exist on agricultural land, conduct a complete title and approval audit before executing any sale.

Advocate Saurabh Agrawal

Saurabh Agrawal
Advocate, Greater Noida
241 Answers

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer