I have 12 land pieces in Sangmeshwar For same having digitally signed 7/12 extracts online There is No Kul to any 7/12 extract Total we are 6 co-owners (names on 7/12) But on each 7/12 my name is in bold as Khatedar If someone from village is interested in any piece of land Can I sell it as Khatedar / Kutumb Pramukh under Kul Kayda Form 70 B Is noc required from other co-owners Bcoz out of 6 six 3 are no more / No legal heirs / But due to unavailability of Death Certificate - I can not remove their names from 7/12 Please advise how to do this transaction / Procedure
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Under section 43 of the Act, sale of land under this Act requires prior permission of collector
2) If the transaction is carried out without this permission, then land can be acquired by govt
3) .. The amendment now allows the buyer to pay a penalty to the state govt 50 per cent of ready reckoned rates if it is agricultural land and 75 per cent of it is purchased for non agricultural purposes.
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You can sell but noc required
You can have the succession certificate for having the rights on the share of the 3 deads who do no thave any legal heir, than after having the succession certificate the you can remove their names from the 7/.
1. Noc is required , In case legal heirs and death certificate is not available you may make an affidavit for demise of co-owner and can accordingly get a legal heir certificate and mutation.
2
You can sale your share of the undivided land without NOC from them.
Who are these 6 owners ? If they are not related to family than you can sell only your share - 2 piece of land.
How land acquired and how 6 owners related to each other matters.
Your capacity to sell alone depends as above.
- The 7/12 extract is an extract from the land register of any district, maintained by the revenue department of the government in the state of Maharashtra.
- As per section 43 , there is restriction on the transfer of land , and not allowed to transfer land without permission of collector.
- Further , with the amendment of the Act, now allows the same with a penalty of 50 % in case of agriculture land , and 75 % for non agriculture.
- However , you can sell your share .
- Since, out of 6 , 3 are no more , then you will have to obtain the No Objection from their legal heirs.
- Further, any legal heir or you can apply for obtaining Death Certificate after moving an application for issuing the relief of Registration of death , and further on the basis of that order , the Magistrate from the office of Registrar of birth & death will issue a Death certificate .
- There is online facility also available in Maharashtra.
1. 7/12 document is not a document of title. It is relevant for revenue purposes only.
2. If the land is undivided then you cannot sell it without the consent of other co-owners.
3. Consult a local lawyer as local laws come into play here.
1. Deceased Owner names just simply cannot be removed from the Revenue Records, without Court orders.
2. In the described circumstances, you would need to move the local Civil Court, for Declaration and Directions to the Revenue dept. (Talati) to strike off the deceased owners names, by following due procedures of law.
Dear Sir,
You are suggested to prepare an affidavit, get is notorised and then countersigned by first class magistrate. Use the affidavit for doing needful corrections at registrar's office. After this, you will be sole owner of those properties and you may sell/dispose the land as required.
The title 'khatedar' will not make you an absolute owner of the entire property nor it will give you power to sell the properties by yourself without the involvement of all other shareholders.
You can sell only your share in the property that too you can sell your own share of property if it as been identified by a partition suit with separate possession to you.
You have to gather all the shareholders and execute a joint registered sale deed in favor of the prospective buyer.
In the cae of shareholders who have died, you may have to obtain death certificate to establish their death and also a legal heirship certificate in order to give their respective share to their legal heirs or to involve them also in the joint registered sale deed.
Restrictions on transfer of land purchased or sold under Section 43 of this act:
Land acquired by co owner under the provision of the act are not allowed to transfer land without permission of collector. The collector may grant permission for transfer of land. pls consult local property lawyer.
It all depends upon the demand of the purchaser.
1. Yes you can sell your share from the property without NOC from other co-owners.
2. If you have family tree of deceased co owners and you can prove that they doesnt have any legal heirs then their property share will be divided equally among other co-owners.
If all the other persons are shareholders then you cannot sell the property without their consent.
NOC is required from other shareholders.
