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bombaygirl

Land Records

Do you think Maharashtra government is really not bothered about its own people?  

22 members have voted

  1. 1. Do you think Maharashtra government is really not bothered about its own people?

    • They don't care for the Maharashtrian farmers
      7
    • The Maharashtrian babus love bribe
      5
    • The Maharashtrian employees are plain lazy
      5
    • They prefer their own kin recieving the cream
      5


Question

bombaygirl

It seems Maharashtra is outdated in everything. Including giving information. A friend has unsucessfully been trying to obtain copies of land records and papers that belonged to his late grandfather. The grandfather died when my friend was a minor and his father did nothing to transfer the papers to his name.

 

Now the problem is that those taluka (Shirur) and the village (Kauthe) in Pune jurisdiction officials are refusing to hand over those papers giving various excuses. Whenever my friend goes there, they do a disappearing act and despite the collector Mr. Deshmukh's intervention they are not shelling out those papers.

 

Does the Maharashtra government want to grab the land? or what is it? How should we go about getting those original papers, so that my friend can legally transfer it in his name.

 

PLEASE HELP!

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maneesh

The person who wants to obtain the land record can make a application under RTI giving specific details about the land and asking about who is the owner of the land in the record and the previous owners.

An application under RTI has to be answered within 30 days.

 

Do let us know about the progress.

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jeevan

I think you must first get info regarding who is the CPIO for the above information. Once that information is there, it is for sure that they cannot refuse the information.

 

If in case they claim that the record is bulky, or old you can also ask for inspecting the record which will cost you Rs 5/- after 1st free hour.

 

I am sure, with all this techniques, you are sure to get the info. The only condition is you must exactly know what you want with land record.

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brijeshbhatt

Tell you friend to apply certified copies of his land records. If he had already applied then he can check the status of his application using RTI.

After getting certified copies of his land records he can initiate proceeding for transfering land in his name.

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bombaygirl

Actually my friend has got part of the papers and they have even been approved by the collectors and others. He had applied for the transfer into his name and they are simply not doing this. He needs to also apply for the remaining land record papers that are originally dated pre-independence.

 

How to get those thesildar and other officials to take those papers out is a big question, since all legal and moral routes have been applied. I personally feel some solid contact is needed to push this through.

 

Dhara :(

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brijeshbhatt

Hello Dhara :)

Let me know first whether your friend is in possession of land ? it is agricultural land or not? If it is possible for you to give me description of documents which your friend has got from them ! Tell Tehsildar of area to give you all pre independence records and if he don't have such records then ask him to give certificate that his office don't have pre independence records. If he refuses or creates problem then invoke RTI provisions.

Is your friend only Legal Heir of his grandfather's property ?

Don't get dishearten all legal options are open for you. I don't see any problem in getting Land transferred.

 

Brijesh

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bombaygirl

To answer your Q's.

Q1- Let me know first whether your friend is in possession of land ?A1- Yes my friend's lands are still in his grandfathers name.

 

Q2- it is agricultural land or not?A2- It is agriculture land and my friend also has the farmers license.

 

Q3- If it is possible for you to give me description of documents which your friend has got from them !

A3- The documents are in marathi (frankly i don't understand) but they are quarter of all documents that my friend should get, they are documents informing the area, etc (i think those are saat baras).

 

Q4- Tell Tehsildar of area to give you all pre independence records and if he don't have such records then ask him to give certificate that his office don't have pre independence records.

A4- Tehsildar has been officially informed through all communications, including lawyer and collector's office, etc. Tehsildar is refusing to shell out all those pre-independence records, which is part of the problem, without these papers, my friend cannot get it transfered into his name or do anything about the land, its lying unused. The papers exist, my friend is 100 percent confident, tehsildar is being a spoilt sport.

 

Q5- Is your friend only Legal Heir of his grandfather's property ?

A5- Yes! His dad also an heir has forfeited all rights and given his son all the legal rights to handle the matter.

 

Last i know my friend is preparing to invoke RTI, but personally i don't trust those guys one bit.

 

Thanks Brijesh, you've been a real help.

Dhara :)

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brijeshbhatt

Hello Dhara,

Since I am not aware of local laws of Maharashtra You have to take pains to provide me more information about your friend's case.

Have you tried to get document prior to bara baras ?

On what basis your Friend's Dad foreited his legal rights ? Is there any documet to this effect (such as relinquishment deed etc..)? Right to inherit prperty and to handle case are to different things?

Do you have all applications and recipts thereof which you made to tehsildar for getting copies of documets? Had you ever petitioned to D.M to this effect?

Had you ever tried to intiate proceeding for transfer to land - What was it - What is the current stage or result of that proceedings?

 

Regards :)

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maneesh

Thats a great effort brajesh.

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bombaygirl

Hi Brijesh,

 

Well my friend's dad is very old and sick and has forefitted any inheritance in legal writing.As of copies of communication, etc that you mentioned, yes my friend has them all. Who is a DM?

 

My friend has already initiated the proceedings to transfer the name on the one fourth documents that he got, but the current stand is- they are not creating those transfer of land records. Application through courts will take decades because the local lawyer himself said there are lakhs of cases pending. My friend is going to invoke RTI by next week, he has got the letter prepared under a lawyer itself.

 

Seriously things under officials who can never be fired for their lack of duty is the biggest enemy.

 

Thanks, Brijesh and Maneesh.

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maneesh

DM = District Magistrate (He is incharge of all the land record). But as far as i understand the land recrord syste, the Block level officer will be having all the recrods.

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brijeshbhatt

I believe D.M being incharge of District can order his subordinates to produce land and revenue records for his perusal. You don't need a lawyer to prepare RTI application. As I gathered on the basis of information provided by you, you have good case to get your land transferred. In your case RTI can help you only in getting status of Land Records but for getting land transferred you have to initiate proceedings before forum of your chocie as per law.

Have a faith in system.

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bombaygirl

Hi Brijesh,

Thanks for your reply. I understand the DM is needed to be contacted, now the task is to find out who is the DM there. Anyhow you had written, quote- "

but for getting land transferred you have to initiate

proceedings before forum of your chocie as per law."

 

I am not sure i understood that part. Do you know the proceedure to transfer the land?

 

Thanks once again,

Dhara :)

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brijeshbhatt

Hello Dhara,

Its not difficult to find D.M as there is only one D.M in a District, also known as District Collector in some states.

Since I am not aware of Local laws and practices of your state I can't tell you exact procedure, its better to ask some local lawyer there, but I can certainly help you in deciding which procedure/forum to be approcahed.

 

Regards,

Brijesh

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Shrawan

Hello Bombaygirl,

 

District Magistrate/ Collector is same and in your case you had already mentioned that you had approached collector Mr. Deshmukh.

 

If you are unsure about how to transfer land, I would recommend you ask under RTI from CPIO of Collect orate about 'what is the procedure of transfer of land', and I am sure you will get to know all about it.

 

All the organizations had already been directed to provide proactive disclosure of documents/procedure/laws e.t.c

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bombaygirl

Thanks Brijesh & Kushal,

 

Ok, so i understand we need to ask questions through RTI but addressed to the collector's office. Gosh! Mr. Deshmukh is really not an approachable guy, in fact hes a terrible person to deal or communicate with him.

 

Let's see what my friend can do...

 

Thanks,

Dhara :)

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brijeshbhatt

Your Collector is Public Servant, he has to tolerable he can't afford to be terrible.

Tell your friend to go ahead.

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Shrawan

The RTI has been created to tackle the hard nuts too, and nobody can afford to take it lightly other than out of ignorance.

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ganpat1956

Well said Mr Kushal. Such small fundamentals need to be drilled in our mind time and again to make us move in the right direction

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babloo

hello Dhara,

laws related to lands are a bit complicated, if you can tell in detail, maybe we can help you, but first i would like to tell you that, the the tranfer of names in revenue record comes under the tesildar, so if you approach the collector, he is going to direct you again to tehsildar,thats the procedure.

but basically

  1. do you know the survey no of the lands
  2. whose has the physical possesion of the lands
  3. do u have all the mutation enteries
  4. do u have the present 7/12 extract
  5. on whose name is the present 7/12

pls try to be more specific and feel free to contact.

Babloo

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mpai
Thanks Brijesh & Kushal,

 

Ok, so i understand we need to ask questions through RTI but addressed to the collector's office. Gosh! Mr. Deshmukh is really not an approachable guy, in fact hes a terrible person to deal or communicate with him.

 

Dhara :)

 

Brijesh, Kaushal and many of our friends have given you valuable advise on the subject. From your current post, it appears that either your friend or you are not comfortable in approaching the Collector's Office where Mr. Deshmukh serves. Is there any other Govt. office, Deptt. or an RBI Office, where you know the staff members very well and are close enough?

 

All you have to do is file at RTI Application with the PIO of that office, where you know the people. State in the Application that you need the information from the Office of Mr. Deshmukh, the District Collector / Magistrate. Make sure in your application that you need information pertaining to the land records of Taluka (Shirur) and the village (Kauthe) in Pune jurisdiction. If there is any difficulty, the PIO of that office, is required as per the RTI Act, help you in drafting the application.

 

The PIO will then transfer your application to the DC/DM. This way the task of approaching Mr. Deshmukh will be eliminated.

 

Wish you every success.

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babloo

hello dhara,

Basically the land revenue records are of public nature so any one can apply to the local talathi and get them, there is no need to meet collector for this.

in maharastra if you want land records of 50 years u have to apply them in seperate to the tehsildar, but for this u have to know the survey no of the land.

if u have the survey no of the land, u can get the 7/12 extract, on 7/12 extract u will find all the mutation enteries.

from the 7/12 u will get all the nos of mutation enteries.

when u have the nos of mutation enteries u can apply stating the nos and the whole history of the said land will be before u.

hope u will fins this of some value, pls feel free to contact, maybe i can help u, if u tell all the details........:)

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maneesh

A good info about the land record system. At many state government is computerising the land record wherein you can get the details by paying a nominal fee at any of the facilitation counters.

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bombaygirl

Hi,

Thanks for that real important way around. But i spoke to my friend and he has already send registered letters to the concerned authourity and is now waiting for a month for the reply, failing which he will approach the higher authority.

 

Thanks for the way out, but i'm totally surprised with the attitude of Maharashtrian government, instead of helping potential farmers, they are actually killing them.

 

Keep you guys posted about the development.

Dhara :)

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bombaygirl

Hi Maneesh,

Your absolutely right but don't ever expect Maharashtra government to be progressive. Dr. Benjamin in Pune has even started a lands record museum, but believe me hardly any records are computerized. It will take the state government at least 5-10 more years before they even think about completing it. Meanwhile karnataka and gujarat are way ahead in this respect.

 

Dhara

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bombaygirl

Mr. Babloo,

Thanks for the offer, can i have your email so i can get my friend to pass all the details?

 

You are right in your explanation and that theres no need to meet DC. But the problem lies with tehsildar. First hes never there in his office and if he came to know my friend is approaching, he would do the disappearing act. Secondly he's refusing to take out land numbers of the records that are dated pre-independence, giving all sorts of excuses.

 

A few records that were extracted thanks to Mr. Benjamin's help, the tehsildar is not signing on the transfer of name papers, despite Mr. Benjamin's and the order from DC's office. Well, what do to now? My friend has already sent RTI application, lets see.

 

Thanks guys, without you my friend would be lost, through you i'm guiding him :)

 

Dhara

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