Tips for Investigation of Clear Title of Property.

Tips for Investigation of Clear Title of Property.
INVESTIGATION OF CLEAR TITLE OF PROPERTY.

To own a property is a dream of every human being. Title of the property is the main concern of every one at the time of purchase of property. Following are some tips which will give you some idea about the title investigation and it will help common man to satisfy himself about the title of the property in Maharashtra.

Check List for the title verification of the property.

a) Recent 7/12 Extract ( 7-12 Utara) :- It will give you idea about the type of ownership, total number owners ( and their share in property) of the property. Loan on the property, tenant in the property ( if any), cultivable and non cultivable area in the property, source of irrigation ( if any), assessment for the property, Class of the property, Reservation on property( if any). Online 7/12 extracts are available on http://mahabhulekh.mumbai.nic.in/.

b) All mutations on 7/12 extract ( Ferfar ):- Mutations are the entries made by the revenue department in respect of any change in ownership of the property, such changes may be because of death of any owner, Loan obtained by any owner etc. some time it amy happen that though name of any person appears in Mutation but not in 7/12 extract, to check such things it is advisable to check all mutations.

c) Maps:- it is advisable to check Gu-book maps provided by the government authorizes, that activity will give you better idea about he exact location of the property and access to the property.

d) Reservation on property: - It is very necessary for the purchaser to check reservation or acquisition of the property. Some time Government may by notification reserves Land for purposes such as i) Rehabilitation of Dam Affected Public. ii) Play Ground, iii) School etc. therefore any development in such land is not permissible , therefore it is necessary for the purchaser to check such reservation on property.

e) Ceiling Limit :- As per the type of the property there is a Limit provided for the holding of the Land , the purchase must check that the Land which he is going to purchase will not cross his limit as wel as he have to check the present owner is also not holding it as excess land. The Khate Utara ( 8 A Extract) is a document which gives us idea about the exact holding of the owner, therefore it is advisable to check that document for calculation of the total holding of the present owner.

f) 6c Certificate ( Varas Register ) :- 6c Certificate is a document which gives us idea about the names of all Legal Heirs of deceased person. This document is very important as, it is noticed that some times names of Female Legal Heirs are not appearing on revenue documents, to avoid such ambiguities it is advisable to check 6c Certificate.

Apart from these revenue documents check-list the purchaser must consider following things before entering in to Purchase of the property.

Purchases of Land for Bonafied Industrial Purpose:- Though you are not a Agriculturist if you are purchasing any property for bonafied industrial purpose you may purchase the Land up to a limit of 10 hectors, but to purchase land more than 10 Hector it is necessary for you to take permission from Industrial Commissioner.

Purchase of Land for Agricultural Purpose:- If you want to purchase a land Agricultural Purpose you must be a Agriculturist as the meaning of B.T. & A.L. Act.

The purchaser also satisfy himself that the seller is not going to become a Land-less person after said purchase of land.

Loan on Property:- Some loans are by registered Mortgage-Deeds are some are just Charges made by the Seva-Societies, but it is advisable for the purchaser to take written No Objection from the concern organization before signing any deed.

CRZ and other zones:- As it is not allowed to any development in such zones it is necessary for the purchaser to check such zones before signing any deed.

Possession of the present owner:- it is very important and the purchaser can check it can be checked by personal visit to the property.

Search in Office of Sub-Registrar:- We will see a example A has sold his property to B but , because of some problems B has not mutated ( recorded) his name of Revenue documents and till date name of A is appearing on Revenue documents, to check such transactions it is necessary for the purchaser to conduct a search in the Office of sub-registrar in who’s jurisdiction the property is coming. It is advisable for the purchaser to hire a Local Lawyer to do this activity. This search will give you idea about the all recorded transactions of the property for the period for which you are doing search.

Public Notice :- Some transactions are un-registered to check such transaction it is advisable to the purchaser to Publish notice at least in two Local News paper and ask for objections this activity will help the purchaser to satisfy him self about the title of the property. It is advisable to the purchaser to take help of any Local Lawyer for the same.

Drafting:- Drafting of Title Deed is most important part of the property purchase activity. The purchaser may satisfy himself by checking that the following Points are covered in the draft.

i) Indemnity/ Guarantee from the present owner about his title over property.

ii) Indemnity/ Guarantee from the present owner about his possession over property.

iii) Indemnity/ Guarantee from the present owner about non reservation of the property.

iv) Point making clear that the said property is not relates with any public activity.

v) Point making clear that the said property is not a Trust Property.

vi) Point making clear that said property is not a Government Granted Land.

vii) Point making clear that no-one has any right ( road/ parking) over said property.

viii) Point about the existing structure on property (if any). Because it may affect valuation of the property.

ix) If the said property is ancestral one then it is necessary to make all members of the family as consenting parties for the deed.

x) Purchase price of the property is agreed mutually, with the schedule of payment.

xi) The Photo Identity Cards of the present owners must be attached to title deed.

xii) Indemnity/ Guarantee from the present owner about Non Litigant property because any transaction for a property for which litigation is pending is null and void in the eye of law.

xiii) Boundaries of the property gives clear idea about the exact location of the property. Therefore it is necessary to mention it clearly in the Title-Deed, a part from this it is advisable to attach a map showing exact location of the property.

xiv) Witness to the deed plays very important role if the deal goes in to any Litigation, therefore the purchaser must take the precaution that he witnesses are proper. It is advisable to take one owner of adjoining property as witness as it will help to prove possession of the present owner.

I think if any one takes all these precautions then it is more than sufficient to purchase a clear title property.

Rohit Ramesh Purandare

M.A., B.Com, LL.B., D.I.P.L., G.D.C & A.

(The data provided here is based on best knowledge of publisher and publisher is not responsible for any damage or lose caused because of its use by any body)

Wind Power/Gist of some important Grs and Notificatios ( for Wind Power Projects)

Gist of some important Grs and Notificatios ( for Wind Power Projects)

Following are some important GRs and Notifications useful for Legal Aspects involved in Wind Power Projects in Maharashtra.

1) MEDA to recommend applications of private developers for installation of Wind Power Project on Forest and Revenue Land.

( Government Decision No- Pawan-2005/ Matter No. 2222/ Urja 07/ dated30/06/2005)

2) Apporach roads for the wind Power Projects will be constructed by MEDA through PWD or MSRDC and 100 % cost for the same will be born from Green Fund.

(Wind Policy 2004 G.r. Pawan 2004/ Matter No 1274/ Urja Dated 26/02/2004.)

3) Permission may be given to the Agriculturist to sale land in part though the land is Government Granted ( Class II) land.

( Revenue Department 05/2007/ Matter No 26 dated 23/01/2008)

4) Remit stamp duty in the whole chargeable on the instruments of hypothecation, Pawn, Pledge, Deposit of title deeds, conveyance, further charge on mortgaged property, Lease etc executed by any person for starting a new industrial unit or extension, expansion of any existing unit in group C, D and D+ areas and in no Industry Districts.

( Forest And Revenue Department Order dated 12/07/2007.)

5) No permission from Mining Department is required in some areas for installation of Wind Power Projects.

( Policy 2008 / Matter No 693/ Urja 7)

6) The Development Commissioner ( Industry) will have to issue NOC for Wind Power projects with in 2 weeks.

(Policy 2008 / Matter No 693/ Urja 7)

7) MEDA will refund 100 % amount spend on Toll and Excise for the transportation of machines of Wind Power Projects.

( Policy 2008 / Matter No 693/ Urja 7)

8) If developer requires the Government through Collector will allot Government land for a Lease of 30 Years for the insulation of the wind power projects.

( Policy 2008 / Matter No 693/ Urja 7).

Rohit Ramesh Purandare

M.A., B.Com, LL.B., D.I.P.L., G.D.C & A.


(The data provided here is based on best knowledge of publisher and publisher is not responsible for any damage or lose caused because of its use by any body)

Gist of some Property Related decisions by Hon’ble High Court Bombay.

IN THE HIGH COURT OF BOMBAY
Writ Petition No. 9222 of 2007
Decided On: 12.03.2008

Ajay Vasant Gawand and Ors……………. Appellants

Vs.

State of Maharashtra and Ors……………. Respondent
Hon'ble Judges: Patel J.N. and Mhatre Nishita, JJ.
Section 127 of Maharashtra Regional Town Planning Act provides that if any land which is reserved for any purpose specified in the development plan is not acquired by agreement within 10 years from the date on which the final development plan comes into force, the owner or a person interested in the land may serve the notice on the development authority. If the land is not acquired by the authority or no steps are commenced for its acquisition within six months from the date of the service of such notice, the land shall be deemed to be released from the reservation and shall become available to the owner for the purposes of development as permissible in the case of the adjacent land in the development plan.

IN THE HIGH COURT OF BOMBAY
Writ Petition No. 4410 of 1991
Decided On: 17.10.2008

Shri Datatrya Ganpat Gorde …………..Petitioner

Vs.

Gaourihar Mahadeo Gorde……………. Respondent
Hon'ble Judges:
V.C. Gaga, J
If any Land is purchased by a Tenant U/s 32 G of Bombay Tenancy & Agricultural Land Act., then it is necessary to obtain prior permission U/s 43 of Bombay Tenancy & Agricultural Land Act, for further sale of said land.




IN THE HIGH COURT OF BOMBAY
Aurangabad Bench
Writ Petition No. 2392of 1996
Decided On: 30.06.2008

Gopinath Ganesh Dadkar and Otrs. …………………..Petitioner

Vs.

Rabhaji Gangaram Naikwadi and 1 Oth.……………. Respondent
Hon'ble Judges:
P.R.Borkar, J

If the Tenenat is in actual possession of Land then there will be no Surrender of Tenancy After ‘Tiller’s Day i.e.01/04/1957.


IN THE HIGH COURT OF BOMBAY
Nagpur Bench
Writ Petition No. 2921 of 2006
Decided On: 24.10.2008

Trimbakrao Mugutrao Deshmukh ………….Petitioner

Vs.

State of Maharashtra and 1 Oth.……………. Respondent
Hon'ble Judges:
K.J.Rohee, J
The Petitioner is an Ex-Serviceman. Some Land was granted to him by State Government. On 09.01.1994 the Petitioner applied to the Government i.e. the Respondent for the permission to sale the said land. After many reminders there was no any communication from the side of the Respondent. On 01.10.2003 the petitioner received a communication from Respondent i.e. State Government stating that as per changed Rules (on 19.10.2001) the person who wants to sale Government Granted Land have to pay 50 % of the Market Value to the Government.

The Petitioner brought to the notice of the Respondent the Rue was changed on 19.10.2001 and it would not apply to his case as he had applied for the permission to sell his land prior to 19.10.2001. Petition was allowed.

IN THE HIGH COURT OF BOMBAY
Writ Petition No. 8910 of 2007
Decided On: 24.03.2008

Anilkumar Gokuldas Rai……………. Appellants

Vs.

State of Maharashtra and 1 oth.……………. Respondent
Hon'ble Judges: D.B. Bhosale J.

The Petitioner was owner of a property in Manmad, Nashik. The property was already assed to N.A. (Residential) purpose under the order passed way back in the year of 1933.
In 1998 the Petitioner submitted Plans for construction of a Hotel and Shopping Complex, accordingly a Commencement Certificate was granted by concern authority on 07.08.19998.
In 2003 the Petitioner applied for conversion of N.A. Residential Purpose to N.A. Commercial use.
Admittedly the construction was started in 1998.
The concern authority levied forty times penalty on the Petitioner for Unauthorized Commercial use of the and demanded Rs.1,81,280/- as Penalty.
Argument on behalf of the Petitioner was that just construction is started but actual commercial use is not stated.
Petition Dismissed.

A comment on Section 44 A ( M.L.R.C.) and Section 63 1A ( B.T.&A.L. Act.)

A comment on Section 44 A of Maharashtra Land Revenue Code and Section 63 1A of Bombay Tenancy and Agricultural Land Act.


With a view to promote industrial goal and to encourage the industrialist to start industries in Maharashtra, The State Government had announced New Industrial Policy 1993. The basic thrust of the New Industrial Policy was designed to deregulate and rationalize the rules and proceedings relating to setting up new industries in the State. According to the new Industrial Policy no permission of the Collector for purchase of agricultural land by an non agriculturist for converting the same for a bonafide industrial use is required, when such land is situated within the Industrial zone of a draft or final regional plan or draft, interim or final development plan or draft or final town planning scheme, or agricultural zone of such plan or scheme and the development control rules permit industrial use of land, or within the area where no such plan or scheme exits. However, where the total extent of such land proposed to be purchased exceeds ten hectares the purchaser is required to obtain prior permission of the Development Commissioner (Industries) or any other Officer authorized by the State Government in this behalf. Further, the user has to put the land so purchase for bona fide industrial use within a period of 5 years (now extended to 15 years) from the date of purchase of the land, failing which the person from whom the land is purchased shall have the right to repurchase the land at the price for which it was originally sold.

* Section 63 (Bar to Transfer of Agricultural Land to Non Agriculturist) of Bombay Tenancy and Agricultural Land Act, 1948 (BT & AL Act) and Section 44 ( MLRC) (rigid rules of conversion of Agricultural Land for Non Agriculture) was the hurdle for development in pursuance of in the Industrial Policy, 1993. Therefore, as the part of the industrial policy New section 63-1A of BT & AL Act was inserted by Maharashtra Act No.28 of 1994 and further suitable Amendment is made to it by Maharashtra Act No.25 of 2005.

* The said section 63-1A is made applicable to Special Township Projects, Tourist Place or Hill Station Development if the land is to "Bonafide Industrial Use". Bonafide Industrial Use of land means and includes :
(i) activity of manufacture
(ii) preservation or processing of goods,
(iii) handicraft industry
(iv) industrial business or enterprises,
(v) construction of industrial buildings used for manufacturing process or purpose,
(vi) power projects (wind energy projects)
Ancillary industrial usages :
(a) Research and Development,
(b) godowns, canteens,
(c) office building of the industry concerned
(d) providing housing accommodation to the workers of the industry concerned,
(e) constructing industrial estate including co-operative industrial estate, service industry, cottage industry, gramodyog units or gramodyog vasahats.
As a part of industrial policy, section-44A of the Maharashtra Land Revenue Code 1966 (MLR Code) has been amended by Maharashtra Act No.26 of 1994 so as to provide that no permission of Collector under section 42 and 44 of the said MLR Code shall be required for the conversion of use of the land for bonafide industrial use, if the land in question is situated within the industrial zone, the activities to be considered as 'bonafide industrial use' have been incorporated in explanation to section 44-A.

In the year 1999, Govt. of Maharashtra declared the New Tourism Policy in which 'Tourism' is assigned the "status of Industry". In order to extend all benefits of the New Industrial Policy of 1993 to the tourism industries in the state, the Government considered it expedient to include tourism activities within the areas notified by the State Government as the Tourist place or hill station, in expression "bonafide industrial use" and for that purpose by Maharashtra Ordinance No.IV of 2004 suitably amended the explanation to the said section 44-A with retrospective effect from 1st July 2000. Further, Section-44A suitably amended by Maharashtra Act No.26 of 2005 w.e.f. from 6th March 2004.

MAIN FEATURES:

The main features (after insertion of Section-63-1A), as amended by Maharashtra Act No.28 of 1994 and Maharashtra Act No.43 of 2005 and after insertion of Section-44A by Maharashtra Act 26 of 1994 and Maharashtra Act No.26 of 2005.

1) Made Applicable to Special Township Projects, Tourist Place or Hill Station Development and the time limit to put the proposed land to "Bonafide Industrial Use" is extended to fifteen years, from five years.

2) Within the project if certain lands falls under the category of Class-II, in such eventuality, for the land to be used for the bonafide industrial use the developer is required to pay to the Collector 2 % of the Purchase Price and 50 % of the Purchase Price, if the purchase of land is for Special Township Projects (STP) within one month of execution of the Sale Deed irrespective of the tenure of such land, this payment shall be in lieu of any Nazrana or such other charges payable by owner of occupant Class-II land under Maharashtra Land Revenue Code (MLR Code).

3) To purchase land for bonafide industrial use beyond 10Hectors (25Acres) permission has to be obtained from Development Commissioner (Industries).


Benefits:

1) The bar to Transfer Agricultural Lands to Non Agriculturist is relaxed, if the land is intended to be used for Bonafide Industrial Use i.e. Handicrafts, Industrial Business or enterprise, development of tourist place or hill station, energy projects, Special Township Project etc.

2) If the land exceeds 10 Hectors (25 Acres) permission from Development Commissioner (Industries) is to be obtained. Therefore, the bar of Agricultural Land Ceiling will not be applicable.

3) Section 44A of MLR Code is inserted by Mah. Act. 26 of 1994 and Mah. Act 26 of 2005. Further N.A. rules are also amended and the procedure of conversion of land to Non-Agricultural use (N.A.) to some extent. If the person so using the land for a bonafide industrial use if required to provide intimation of change of user of the land to the Tahsildar through Village Office in prescribed Form within 30 days from such date, under copy to the District Collector.

4) Benefits of Industrial Policy 1993, New Package Scheme of Incentive for tourism projects 1999, Tourism Policy 2006 and subsequent benefits.

Rohit Ramesh Purandare
M.A., B.Com., LL.B., D.I.P.L., G.D.C.&A.

(The data provided here is based on best knowledge of publisher and publisher is not responsible for any damage or lose caused because of its use by any body)

WIND ENERGY PROJECT ( A study on Land Acquisition and other Legal aspects )

WIND ENERGY PROJECT ( A study on Land Acquisition and other Legal aspects involved in commissioning of wind power project in Maharashtra.)
(r/w. Sec. 63-1A of BT & AL Act and other material)

1) Wind Energy: Related companies are Vestas Wind Technology, Vestas RRB , Suzlon, Enercon , TATA Power.

2) For obtaining permission from Development Commissioner only the details of the 'Ownership of Lands, under project are required to be submitted.

The Ministry of non-conventional energy sources, Government of India power group, wind power division, New Delhi provides guide lines for wind power projects. Maps are prepares showing wind resources in India, by which areas are identified.

The Govt. of Maharashtra, Industries, Energy and Labour Dept. vide resolution No.Pawan 2004/P No.1274/Urja-7 dated 26.02.2004 introduced Wind Policy 2004.
Guide Lines for Wind Power Projects
1) The Government of India, Ministry of Non-Conventional Energy Sources, Wind Power Division, New Delhi, provides guide lines vide circular, in respect of matters relating to Wind Energy :
* No.66/241/95-WE(PG) dt. 13/06/1996
* No.66/241/95-WE (PG) dt. 27/02/1996
* No.66/53/2000-WE (PG) dt. 23/10/2000
* No.66/53/2000-WE (PG) dt. 04/03/2002
* No.66/53/2000-We (PG) dt. 04/10/2004
* No.66/53/2000-We (PG) dt. 06/07/2006

The map of by India is prepared wherein the wind sources available in India are shown. Hence, it is easier to identify the areas in India were wind sources are available.

2) Government of Maharashtra, Industries, Energy and Labour Department, declare Wind Energy Police and other related matters. The above said Department published Resolution No.Pawar 2004/P No.1274/UR/a-7 Mantralaya, Mumbai dt.26th Feb. 2004.

3) In the State of Maharashtra "The Maharashtra Energy Development Department (MEDA) Manage control and monitor all the affair relating to wind and other non-conventional energy sources.

4) The MEDA is established in the year 1996 by a Notification

About achievements of MEDA

1) Chalkewadi Satara Wind Mill Project (Around 300 mega watts) was the largest wind energy project in Asia and the same was noted by "Limba Book" Records.
Below cited chart shows capacity of non conventional energy sources in India and in Maharashtra.
* A Note published by MEDA on 31st July 2008 for achievements of MEDA is separately attached herewith.

2) In the year 2007 "Sakari" Wind Mill Project of Dhule District broke the above cited records and in the regard the Honour was provided to the Secretary of MEDA namely Mr.Mahesh Zagade.

3) The Minister of Non-Conventional Energy Dept. of Govt. of Maharashtra is the Chairman of MEDA and the Secretary is appointed by him IAS, personal. The Secretary of MEDA's office is at Yerawada Pune.

In the event if the west side is open on any hill and if according the assumption of Wind Mill Energy Engineers if the 'Plato' is suitable for Wind Energy, then they install wind mask on that plato for recording the wind flow velocity available the Plato or place. That for about 03 to 06 months the record of velocity of wind flow is recorded.

* The mask installed provides information of velocity of wind in the 100 meter circle around it.
* To install the said 'MASK' the land is obtained on Lease.
* If the site of found suitable 'TOPO MAP / SHEET' is prepared by the help of GPS (Global Positioning System) by taking easting and northing into consideration. On the Topo Sheet the locations are marked, by taking into consideration that it should effect wind flow of other location or Machine.
* After preparing Topo Map, the application for Infrastructure Clearance is preferred by the Developer to MEDA alongwith :
(1) Topo map showing points / location of installation of wind mill.
(2) Connectivity to sub-station of MSEB (Mah. State Electricity Board) Clearance from MSEB Dept.
(3) 7/12 Extract of Proposed Project Site.
(4) Green Fund Demand Draft of refundable and non-refundable amount.
(5) Gram Panchayat NOC
(6) Mining Department, Nagpur.
(7) Supporting Affidavit.
* On receiving above cited application for infrastructure clearance MEDA looks into it in accordance with the guidelines provided by CWET (Centre for Wind Energy Technology.
On satisfaction of all the requirements MEDA accord infrastructure clearance. At the time of making application for the infrastructural clearance the Developer has to pay Rs.5 Lac as Green Fund (not refundable) and Rs.15 Lac as deposit (refundable) but the Developer has to complete the project in all respects within period of 09 months from the date of getting Infrastructural Clearance. The Green Fund is the fund created by MEDA and as per guidelines provided by MEDA, MEDA with the help of PWD and Private Contractors takes responsibility to develop approach roads and supply lines for Wind Power Project.
* Thereafter Land Acquisition Commences and/or First suitably land is acquired and thereafter the procedures established are followed.
* If the suitable land are more then 10Hectors then application is preferred to the Development Commissioner (Industries) (for short DI) alongwith :
- 7/12 Extract
- Marked village map
- Certificates from Village Talathi about Non-Acquisition / Reservation of Proposed Land.
- Zone identification from Town Planning Dept.
- Profile of Company
- Detailed Project Report.

· On receiving permission from DI, the land acquisition is made.






Benefits of Section 63-1A of BT & AL Act to Wind Power Industries.

1. To purchase land above 10Hector, Permission DI is required to be obtained due to the 'bar' to purchase agricultural lands by non agriculturist is relaxed.
2. The provisions of Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 does not apply. The Agricultural Ceiling Act, provider restriction to purchase Agricultural Land above 54 Acres and/or as per the Slab.
3. If the lands are of occupant Class-II no separate permission is to be obtained from Revenue Authorities only the Developer is required to pay the prescribed 2 % or 48 % as 'Nazrana' amount to the concerned District Collector, within one month from the date of Sale Deed.
4. Within one month from the date of converting the Agricultural Land to Non Agricultural Purpose Developer is required to provide intimation to concerned Tahsildar through Village offer and shall also and/or the copy to the District Collector in Form-VI A of Rule 11-A of Maharashtra Land Revenue (Conversion of Land and Non-Agricultural Assessment) Rules 1969 said Rule 11A, is inserted by Maharashtra Government Notification of 19.10.1994, in response to New Industrial Policy 1993.
5. It is obvious on the hill or mountain the air flow or velocity of AIR is more no vegetation can grow there.
6. Scheduled Tribes and other traditional forest residents (Recognition of Forest Rights) Act, 2006 (AZwgw{MV O_mVr d BVa nma§nm[aH$ dZ {Zdmgr (dZ h¸$ _mÝ` H$aUo) A{Y{Z`_ 2006) makes provision under Chapter-III to make available the forest land for non conventional energy (Anma§nm[aH$ COm© gmYZo).
7. Land Acquisition under the provisions of Land Acquisition Act 1894 is also a better option for such acquisition as Power Projects can be interpreted as projects for Public-Purpose.
(The data provided here is based on best knowledge of publisher and publisher is not responsible for any damage or lose caused because of its use by any body)