Maharashtra: One Or Two Gunthas Of Land For Sale And Purchase Will Now Be Legal

Pune, 14th July 2021: Even though there is a fragmentation law in Maharashtra, the sale and purchase of one or two gunthas of land will become legal with the prior permission of the Collector or the competent authority. Such buying and selling transactions can be duly registered. Last month, the revenue department had sent a letter to the state’s Inspector General of Registration and Controller of Stamps based in Pune. Accordingly, a circular has been issued in this regard.

In urban areas and in areas of influence, the fragmentation law was being violated and the transactions were being rejected by the Sub registrar. The Prevention of Fragmentation and Consolidation of Holdings Act, 1947 is applicable in the State. The standard area of land in each district is determined by this Act. The Act prohibits the sale and purchase of land less than the standard area fixed under section VIII.

However, in the year 2016, the state government has included section eight-B in this law through a gazette notification. As per the provisions of the Act, for lands situated within the boundaries of Municipal Corporations or Municipal Councils, or under the Maharashtra Regional Planning and Town Planning Act, 1966 or other laws, in the draft or final regional plan, residential, commercial, Amendments have been made to the effect that the provisions of this Act shall not apply to land designated for industrial or any other non-agricultural use. Against this background, the Revenue Department had informed the Registration and Stamp Duty Department about the registration of such transactions.

Meanwhile, the purchase and sale of a piece of land by a person who has already purchased less than the standard area also requires the permission of the competent authority or the Collector under Section VIII-B of the Act. Also, permission will not be required for the sale of an unincorporated piece of land which has been demarcated by the Land Records Department and a separate boundary demarcation map has been issued. However, the division of such an independently formed piece requires the approval of the Collector or the competent authority, the circular of the Inspector General of Registration said.

How will this help?

If the area of a survey number is two acres and you buy one, two or three gunthas in the same survey number, it will not be registered. However, if the same survey number is drawn (layout) and one or two gunthas are cut out and it is approved by the Collector or the competent authority, one or two gunthas of such approved drawing can be registered in the deed, it has been mentioned in the circular.