Meaning Of Terms
MEANING OF TERMS
Land means surface of the ground, Rivers, well, Streams, Creeks and Lakes etc. Land also means things permanently attached to the earth. Accordingly standing trees and buildings are land. Land includes benefits arises out of the land and so Ferries, fisheries, right to collect and take away minerals underneath are land.
LANDLORD – A Lessor
LAND RECORDS –
Means records maintained under the provisions of, or for the purposes of, this Code and includes a copy of maps and plans or a final town planning scheme, improvement scheme or a scheme of consolidation of holdings which has come into force in any area under any law in force in the State and forwarded to any revenue or survey officer under such law or otherwise
List of Important land records.
Form no. 6
This form is also called register of mutation. Mutation means substitution of the names of a person in the Record of Right. This is a record of changes in the record of right. This is done by the Revenue Officers u/s 148 to 151
and 154 of M.L.R. Code 1966. Transfer may be by Will, Sale, Mortgage, Lease, Exchange, Gift or Inheritance
Form no. 7-12(ROR)
This form is also called Record of Rights or 7/12, and Registered of Crops. Land holder’s point of view this is the most important form of village level. Record of rights having different names in different state like khata-khasara in Bihar,khasara – khatauni in chatisgarh,Jamabandi in Haryana ,patta chitta in Tamil nadu, pahani in Karnataka etc…
Form 8 A
In this form detail of khatedars land with the area and taxes payable by him is entered by Talathi.
This is registered of heirship cases. In this form below mentioned details are available:1.
This is registered of persons whose names are not enter in a Record of Rights as a occupant but are in actual possession of the land. Possession of the land for very long period is as good as ownership of the land.
Is an extract from theRegistration office & registers maintained by the stamp duty registration department. One gets it after registering the documents of immovable property.
TYPES OF LAND (by use)
2.Non agricultural land
3. Forest land
Land used for the purpose of
(b.) The raising of crops, or garden produce.
(c.) The use by an agriculturist of land held by him, or part thereof, for
(d.)Tthe use of any land, whether or not an appanage to rice or paddy land
for the purpose of rab-manure,
(e.) Dairy farming,
(f.) Poultry farming,
(g.) Breeding of live-stock,
Land used for Non agricultural use like for Residential, commercial or Industrial purpose.
Land situated under forest zone as per forest act…
Means a person who cultivates land personally.
LAND REVENUE –
All sums and payments, in money received or legally claimable by or on behalf of the State Government from any person on account of any land or interest in or right exercisable over land by or vested in him, under whatever designation such sum may be payable and any cess or rate authorised by the State Government under the provisions of any law .
CLASS OF LAND
Classification of land can be done in following
1 The ‘warkas’ land is the land of the poor productivity. This land is used by the farmer during the monsoon to grow ‘lowgrade’ millets such as nachani and warai. Its cultivation involved burning of the vegetation on the land, (rab manure) preparing the soil with a pick and sowing by hand.
2 Jirayat land is the land where cultivation is depends upon annual rainfall. The jirayat land is used for seasonal crops, kharif and rabi. The agricultural sessions of kharif crops starts from June and agricultural sessions of rabi crops are starts from SeptemberOctober.
3 Bagayat or irrigated land Cultivation of these lands is mainly dependent upon sources of water other than rain. Sources of water can be well, bandharas and supply from Government’s irrigation department.
4 Rice land In coastal and heavy rainfall area where main crop is rice lands are classified into to two categories namely rice land and warkas land.
(1.) land with an assured supply of water for irrigation capable of yielding at least two crops in a year, that is to say (Irrigated Land).or Bagayat Land.
(2.) land other than land falling in clause (c) which has no assured perennial supply of water for irrigation, but has an assured supply of Water for only one crop in a year (Jirayati Land)
(c.) land irrigated seasonally by flow irrigation from any source constructed or maintained, by the State Government or by any Zilla Parishad or from any other natural source of water with unassured water supply, what is, where supply is given under water sanctions, which are temporary, or where such sanctions are regulated on the basis of
availability of water in the storage; (d.) dry crop land, that is to say, land other than land falling under subclause
(a), (b) or (c) of this clause situated, in the Bombay Suburban District and Districts of Thana, Kolaba, Ratnagiri and Bhandara and in the Brahmapuri, Gadchiroli and Sironcha Talukas of the Chandrapur District and which is under paddy cultivation for a continuous period of three years immediately preceding the commencement date;
ZONES OF LAND.
2. Industrial Zone
4. Forest Zone
5. Green Zone
In relation to any land, includes the person holding the land as occupant.
A holder in actual possession of unalienated land, other than a tenant or Government lessee
OCCUPANT WISE CLASSES OF LAND.
A Occupants – Class I
Hold unalienated land in perpetuity and without any restrictions on the right to transfer
B. Occupants – Class II
immediately before the commencement of this Code hold land in full occupancy or Bhumiswami rights without any restrictions on the right to transfer in accordance with the provisions of any law relating to land revenue in force in any part of the State immediately before
C. Government lessees (class III)
means a person holding land from government under a lease as provided by section 38 M.L.R Code 1966
JOINT HOLDERS” OR “JOINT OCCUPANTS”
holders or occupants who hold land as co-sharers, whether as co-sharers in a family undivided according to Hindu law or otherwise, and whose shares are not divided by metes and bounds; and where land is held by joint holders or joint occupants, ” holder” or occupant”,
Any interest in lands and the aggregate of such interests vested in a person or aggregate of persons capable of holding the same.
Includes any erection of whatsoever material and in whatsoever manner constructed (including
a farm building for agricultural purposes) and also includes plinths, doorsteps, walls (including compound
walls and fences) and the like.
Means the place ordinarily used by a village officer for the transaction of village business.
GAOTHAN/ VILLAGE SITE
Means the land included within the site of a village , town or city as determined by section 122.
A cultivated land appertaining to houses within a village site.
An open land in village site used for tethering cattle or storing crops or fodder, manure or other similar things.
FARM BUILDING –
A structure erected on land assessed or held for the purpose of agriculture for all any of the following purposes connected with such land or any other land belonging to or cultivated by the holder there of, Namely(a)For the storage of agricultural implements, manures or fodder,
(b)For the storage of agricultural produce,
(c)For sheltering cattle.
(d)For residence of members of the family. servants or tenants of the holder, or (e)for any other purpose which is an integral part of his cultivating arrangement.
Every officer of any rank whatsoever appointed under any of the provisions of this Code, and employed in or about the business of the land revenue or of the surveys, assessment, accounts, or records connected therewith
Survey/ Khasra Number.
A portion of land of which the area and assessment are separately entered, under an indicative number in the land records and includes.
SUB-DIVISION OF A SURVEY NUMBER
Means a portion of a survey number of which the area and assessment are separately entered in the land records under an indicative number subordinate to that of the survey number of which it is a portion.
A group of villages in a taluka which is constituted a saza under section 4.
The area for the time being included within the limits of any municipal corporation, municipality constituted under any law for the time being in force or of any village or group of villages, which may be notified by the State Government as urban area, regard being had to the density of population and of buildings in the area and the expression ” non-urban area” shall be construed accordingly.
Includes a town or city and all the land belonging to a village, town or city.
Means the year commencing on the first day of April;
Means a society registered or deemed to be registered as such
under any law for the lime being in force relating to the registration of cooperative
Means a plot of land of less extent than the appropriate standard area determined under this Act. Provided that no plot of land shall be deemed to be a fragment by reason of any diminution in its area by diluvion.
Means any unauthorised occupation.
Means area established to be a Region under section 3.
Surveying or land surveying is the technique and science of accurately determining the terrestrial or three-dimensional position of points and the distances and angles between them. These points are usually on the surface of the Earth, and they are often used to establish land maps and boundaries for ownership or governmental purposes.
Means a plan for the development or redevelopment of the area within the jurisdiction of a Planning Authority..
Generally it is for Urban areas.(Muncipal Corporation/ Muncipal councils)
Means a Plan for the development or re-development of a Region which is approved by the State Government and has come into opera-tion under this Act
Generally it is for each district..
Means a New Town Development Authority constituted or declared by state government.
Means municipal corporations, Zilla parishad, & Panchayat samiti constituted under relavant acts.
A Planning Authority means a local authority and includes a Special Planning Authority constituted under section 40.
Muncipal Corporation – The commissioner.
Muncipal council – The Chief officer.
Grampanchyat – sarpanch.
Rest of area – Collector.
Special schemes – State industrial corporation (MIDC) – CEO.
Cantonment areas – The chief Militory organizations.
TOWN PLANNING SCHEME.( T.P. Scheme)
The basic concept of Town Planning Scheme is pooling together all the land under different ownerships and redistributing it in a properly reconstituted form after deducting the land required for the open spaces, social infrastructure, services, housing for the economically weaker section and road network.
This method was introduced through “Bombay Town Planning Act : 1915. later amended to New Bombay Town Planning Act : 1954.
Means Transfer OF development rights IS ISSUED against the land which are needed by authority for public use purpose & D.R.C. issued as compensation.
Means Development Right Certificate.
” means a building possessing architectural aesthetic, historic or cultural values which is declared as heritage building by the Planning Authority in whose Jurisdiction such building is situated.
A piece of land or contiguous land under common ownership sub-divided into plots.
Means a portion of land held in one ownership and numbered and shown as one plot in a town planning scheme.
Registering the documents relating to the transfer, sale, lease or any other form of disposal of a property is compulsory by law under section 17 of the Indian Registration Act, 1908.
Once a property is registered, it means that the person in whose favour the property is registered is the lawful owner of the property. Generally it is place (1%)on maker value or agreement value whichever is higher.
A stamp duty is the tax placed on legal documents usually in the transfer of assets or property. Generally it is place on maker value or agreement value whichever is higher. It is variable according to the local authority.
TYPES OF DOCUMENTS.
Sale deed Sale Deed is a document executed at the time of finalising the sale deal. when entier aount is paid and property is conveyed sale deed is executed.
Agreement to sale. Agreement for sale is a agreement between parties that on such and such terms the sale to take place. Terms and conditions could be agreed and sale to be completed on agreed future date with payment.
Conveyance The transfer of ownership or interest in real property from one person to another by a document, such as a deed, lease, or mortgage..
Gift deed is a legal document that describes voluntary transfer of gift from donor (owner of property) to donee (receiver of gift) without any exchange of money
Mortgage deed A mortgage deed is a document in which the mortgagor transfers an interest in real estate to a mortgagee for the purpose of providing a mortgage loan.
Leave and Licence agreement. is an instrument/agreement wherein the licensor(owner) allows the licensee(tenant) to temporarily occupy and use one portion of immovable property as per the terms & conditions mentioned in the agreement.
Will A will is the legal instrument that permits a person, , to make decisions on how his estate will be managed anddistributed after his death. A person can make will for the property which is his personal property.
Service tax on under-construction property was introduced in 2012.
It is calculated on 25% of the property value, assuming 75% is the cost of land, it is 15%, so it effectively works out to 3.75% of the total property value.
Service tax is a central subject and is paid to the central government.
The builder collects service tax from buyers and passes it to the government.
Value added tax
A legal term it means the ownership right to property.
land, building, hereditary allowances,
rights to ways lights, ferries, fisheries or any other benefit to arise out of land,
and things attached to the earth or permanently fastened to anything which is
ttached to the earth but not standing timber, growing crop nor grass
standing timber, growing crops and
grass, fruit upon and juice in trees, and property of every other description,
except immovable property.
Occupation on the property.
Maharashtra Regional & Town Planning Act, 1966
BOMBAY CITY (Inami and Special Tenures) ABOLITION AND MAHARASHTra
LAND REVENUE CODE (Amendment) ACT, 1969
THE LAND ACQUISITION ACT, 1894
THE URBAN LAND (CEILING AND REGULATION) ACT, 1976
Registration Act, 1908
BOMBAY TENANCY AND AGRICULTURAL LANDS ACT, 1948
THE INDIAN FOREST ACT, 1927