7/12 Extract or 7-12 Utara – Record of Rights (ROR) in Maharashtra

The 7/12 Extract or Record of Rights is a crucial document retrieved from the land records register administered by the Revenue Department of the Government of Maharashtra. It comprehensively encapsulates all pertinent information regarding rural land properties, while property cards pertain to urban land holdings. Serving as a significant indicator of a property's legal standing, particularly in agricultural land transactions, the 7/12 extract merits thorough examination. This article delves into the intricacies of the 7/12 Extract within the Maharashtra Land Records framework. 7/12 has become an inseparable part of life of a Land Holder (Land Owner or Farmer). Any mention of 7/12 creates an emotion of care as well as suspicion in the minds of farmers mainly because of his attachment to the land. Therefore 7/12 is rightly called a mirror of the land.


Similar to other land records, the 7/12 form maintains a standardized format across the entire state. According to the Maharashtra Land Revenue Code, village revenue accounts are documented in forms 1 to 21, with form 7 detailing land ownership and form 12 outlining crop cultivation. Consequently, the 7/12 extract serves as a consolidated representation of both forms 7 and 12 within the village record system.


Legally, the 7/12 extract holds presumptive value regarding land ownership. However, it is not considered conclusive evidence of property title. Therefore, unless invalidated by additional evidence, the 7/12 extract retains its legal standing. For instance, suppose a farmer named Ganesh sold 1 hectare of land to Deepak on August 5th, 2014. Despite the mutation process updating Deepak's name in land records by October 2014, the 7/12 extract continued to list Ganesh until the mutation was officially certified, a process that typically takes 1-2 months. During this interim period, although Ganesh's name remained on the 7/12 extract, Deepak assumed ownership of the property. Thus, the 7/12 extract may not accurately reflect property ownership, primarily serving a fiscal purpose in revenue collection from the current land occupant.

FORM VII-XII (7-12)

Recognizing the significance of the 7/12 document, it is imperative for every landholder to comprehend its fundamental structure. The upper section of the 7/12 form comprises essential details such as the village name, survey and subdivision numbers, occupancy classification, occupant's particulars including their account number in the Village Land Register, local name for land, cultivated and non-cultivated areas, assessment, tenancy status, and other rights—collectively referred to as village form number 7. Conversely, the lower segment encompasses data pertaining to the year, season, cultivated areas, irrigation methods, types of crops (mixed or sole), and other agricultural particulars, constituting form number 12.


The village's 7/12 register undergoes a periodic update every decade, wherein obsolete entries are removed and replaced with current information. This process, known as the rewriting of 7/12, is publicly announced in the village following meticulous verification. Any alteration in ownership or other rights requires the formal certification of a mutation entry, ensuring that property owners' rights are safeguarded against unauthorized changes in title. This systematic approach also aids farmers in tracing their property titles by cross-referencing previous 7/12 records and mutation extracts. Consequently, landholders seeking clarification regarding any entry in the 7/12 extract can verify its authenticity through a comprehensive review of earlier documents.

In our day-to-day routines, we encounter various forms for tasks such as passport applications, telephone connections, ration card requests, school admissions, electric service enrollments, vehicle registrations, and more. Surprisingly, despite this familiarity with form filling, many find the 7/12 form particularly challenging to comprehend. As such, it is essential for every Land Holder to invest effort into understanding the format and contents of the 7/12 form.

HOW TO READ 7/12 EXTRACT OR 7-12 UTARA

The 7/12 Extract or 7-12 Utara is segmented into two distinct sections: Village Form Number 7 and Village Form Number 12. Structured to provide essential details about Land Tenure, Crop Cultivation, Tenancy Agreements, and Assessments, form 7/12 ensures that pertinent information is presented in a clear and concise manner. Each element within this form holds significant importance, as any inaccuracies can have adverse implications for Land Owners. To grasp the intricacies of a Land's 7/12 extract, it is imperative to familiarize oneself with every aspect of this format, including the following details:

FORM VII (7) - RECORD OF RIGHTS

Located at the top left corner of the 7/12 document are the village and Taluka names corresponding to the land's location. Each independent revenue village maintains its own dedicated 7/12 book. However, smaller hamlets or localities, despite being recognized by villagers as a separate or distinctive locality, may not have separate revenue records unless officially designated as a new revenue village by the Collector under the Maharashtra Land Revenue Code. Small Hamlet is given a status of a new Revenue Village when population of a hamlet exceed 300 residents. In such instances, newly assigned numbers are allocated to land survey numbers within the newly established village. Additionally, adjacent agricultural lands are integrated and incorpotared into the new Village’s Revenue record, prompting the rewriting of all 7/12 forms within the new village.


EXAMPLE:


Consider the revenue village of Ambegaon, which encompassed 950 survey numbers. When Katewadi, a hamlet within Ambegaon, was designated as a separate revenue village, adjustments were made to delineate the boundary between the two villages. Consequently, agricultural land adjacent to Ambegaon remained within its jurisdiction, while lands near Katewadi were incorporated into the new village. In assigning survey numbers to Katewadi, numbering commenced from the southwest corner of the village. Following the allocation of new numbers, the rewriting of 7/12 records commenced under the supervision of the village patwari(Talathi). Initially, the new numbers were annotated in the existing 7/12 extracts, with subsequent rewriting of all records over the following days. This process, known as the rewriting of 7/12, culminated in the validation of village records by the Tahsildar in the presence of villagers, termed as the proclamation of the new revenue record. During the interim period between rewriting and proclamation, 7/12 records are labeled with the remark "yet to be proclaimed."


WHAT IS SURVEY NUMBER?

Each parcel of land measured during the British survey and settlement era received a unique identification known as a survey number. Additionally, a comprehensive map was meticulously crafted for each village, delineating key landmarks such as the village site, rivers, roads, and the corresponding survey numbers. Over time, factors like succession, transfers, partitions, and sales led to the fragmentation of land into smaller parcels, thereby necessitating the subdivision of survey numbers. As these divisions and subdivisions continued, particularly in urban areas, the process became increasingly intricate, making it challenging to discern individual land parcels based solely on land records.


EXAMPLE:


Consider the case of Landlord Shripati, who originally owned survey number 50. Following his demise in 1920, the land was partitioned among his two sons, resulting in survey numbers 50/1 and 50/2 for Ram and Shyam, respectively. Subsequently, upon the elder son's passing in 1970, further subdivision occurred, leading to survey numbers 50/1/1, 50/1/2 and 50/1/3 for his two sons and daughter.

In response to the frequent subdivision of surveyed lands, the Bombay Prevention of Fragmentation and Consolidation Act was introduced. This legislation aimed to consolidate scattered lands belonging to the same owners through mutual consent and land exchange. Consequently, the term "survey number" was replaced with "Gat number" upon implementation of the consolidation act. However, despite these legal provisions, the consolidation of agricultural land largely remained a theoretical exercise, with farmers seldom exchanging lands physically. This discrepancy resulted in numerous legal disputes within villages. As a result of this complexity, the 7/12 form employs the term "land measurement number," encompassing both survey number and Gat number to accommodate these variations.


SUB DIVISION OF SURVEY NUMBER


When a Gat number or survey number undergoes further division, the resulting portions of land are referred to as subdivisions. However, the subdivision numbering system becomes intricate, particularly in areas near municipal corporations. Designations such as 1A+2A or 3A/2 are often assigned by the patwari to the 7/12 extract of subdivisions, yet these designations are not officially recognized by the land record department. According to the Prevention of Fragmentation Act, agricultural land cannot be divided in a manner that creates fragments, which are areas below the standard size. To divide land into subdivisions without creating fragments, the prescribed process of "pot-hissa" measurement outlined in the land revenue code must be followed. This involves the payment of measurement fees and submission of a measurement application, after which the subdivisions are measured, and subdivision maps are permanently prepared and recorded in the land records department.

OCCUPANCY CLASSES

The legal entitlement to possess agricultural land is known as land occupancy, as stipulated by the Maharashtra Land Revenue Code of 1966. Under this framework, occupancy is classified into three categories:

A. Occupant Class I:


Individuals who hold land with full ownership rights, unrestricted by any conditions, are classified as Occupant Class I. This designation signifies absolute ownership, with no external interests in the land. This category encompasses individuals holding unalienated land in perpetuity, with the right to transfer without any restrictions, as per the laws governing land revenue preceding the Maharashtra Land Revenue Code. Notably, intermediary tenures such as Inaam’s (excluding Devasthanam), Jagirs, Zamindari, and Non-Ryotwari tenures have been abolished, leading to the classification of such lands as unalienated. In Ryotwari systems, occupants possess significant rights including transfer, release, inheritance, enjoyment, and improvement. In Vidarbha (formerly part of Madhya Pradesh), Bhumi Dari holders had restricted transfer rights and were unable to mortgage their land, while Bhumi-Swami holders enjoyed unrestricted transfer rights.


B. Occupant class II:

Occupant Class II encompasses individuals who hold Alienated Land with Certain Restrictions on the right to transfer. This category includes land in Vidarbha under Bhumi-Swami rights with limited transfer rights or under Bhumi-Dhari rights. Additionally, lands classified as Occupant Class II are those leased for a minimum of 50 years prior to the enactment of the code. These lands are considered part of a new tenure system and are subject to specific conditions.


C. Government lessee:


When the government grants land leases according to state regulations, the recipient is referred to as a government lessee for the granted land. The Collector holds authority to lease government land to individuals for specified purposes or durations, either under grants or contracts. Many government lands allocated to government departments, public sector undertakings (PSUs), or educational institutions are leased out in this manner.


LOCAL NAME OF LAND

While each parcel of land is identified by a survey number or Gat number, it is also commonly known by a local name, which is recorded in the 7/12 extract. This local designation aids in identifying specific fields and is often derived from historical significance, local lore, social events, or distinctive geographical features associated with the land.


FORM XII (12) - REGISTER OF CROPS

The lower section of the village forms XII, also known as Form 12 within the 7/12 extract, functions as the Register of Crops. This section details the crops cultivated on the land, including information on mixed crops and irrigation methods. Form 12 holds significant value for statistical purposes, particularly in agricultural surveys, census data, and rural planning initiatives.

FIELDS IN FORM XII (12) - REGISTER OF CROPS


A. YEAR: The initial column in village Form XII (12) pertains to the agricultural year during which crops are cultivated. The agricultural year spans from April 1st to March 31st of the following year, with entries in the crop register based on actual inspections conducted annually.


B. SEASON: The second column of Form XII concerns the cropping season. In Maharashtra, the Kharif and Rabi seasons are pivotal, each playing a significant role in crop cultivation. Kharif spans from June to September, coinciding with the monsoon period in regions reliant on these rains for agriculture. Conversely, Rabi extends from October to March, catering to areas receiving rainfall during these months. The predominant season in a district dictates the crop entries recorded in village records.


C. ENTRY OF CROPS: This column documents the types of crops cultivated, whether sole or mixed crops. Specifics such as cultivation area per crop and irrigation methods employed are detailed in subsequent columns of the form.


D. AREA OF FALLOW LAND: Within village Form No. XII (12), column 12-13 records the extent of fallow land, which refers to land not currently under cultivation. Fallow lands are categorized as follows:

D1. Uncultivable Fallow Lands: This category encompasses lands deemed unsuitable for cultivation, such as hilly and rocky terrain, desert areas, riverbanks, forests, non-agricultural plots, roads, railways, burial grounds, and water sources.

D2. Cultivable Fallow Lands: Lands categorized as cultivable fallow are intentionally left uncultivated for specific periods. This includes grasslands, areas used for cattle grazing, non-forest lands with valuable trees, and fallow lands left uncultivated for only one season.


E. SOURCES OF IRRIGATION: Column 14 of village Form No. XII (12) lists the various irrigation sources utilized for crop cultivation, including Canals, Tube Wells, Dug Wells, Tanks, Embankments (Bandhara), Dams, Rivers and Streams.


F. NAME OF THE CULTIVATOR: In the older version of the 7/12 form, there was a designated column for the name of the cultivator, which has since been removed. Instead, a separate register known as village Form No. VII-B (specimen XIV) has been introduced for recording cultivator names annually. During each crop season, the village Talathi (revenue officer) inspects each parcel of land to verify if the landowner cultivates the land personally. If another person is found cultivating the land instead of the registered owner, the Talathi completes Form No. 14 and submits it to the Tahsildar (revenue administrative officer). Upon receiving this report, the Tahsildar schedules a site inspection, notifying relevant stakeholders such as the village Sarpanch (head of the village council) and Patil (village chief), at least 7 days in advance. During the inspection, the Tahsildar investigates the actual cultivation activities, types of crops grown, the cultivator's identity, and the basis for cultivation. Discussions with neighboring farmers are also conducted. Following a thorough investigation and a hearing for all concerned parties, the Tahsildar decides whose name should be recorded in village Form VII-B.


G. Remarks: The final column in village Form XII is reserved for remarks concerning important land-related details. This includes entries about fruit-bearing trees such as mango, teak, tamarind, jackfruit, etc., which are regulated under the Maharashtra Tree Felling Act, 1966, and the Maharashtra Land Revenue (Prohibition of Cutting of Trees) Rules, 1968. When the entire area is covered with fruit trees, the column notes the area occupied by these trees rather than the number of individual trees.


Rewriting of 7-12

The rewriting of 7/12, or the record of rights, occurs after every 10 Years. During this process, the Talathi selectively transfers pertinent or relevant entries. The Sub-Divisional Officer mandates the rewriting when the volume of entries for numerous survey numbers or subdivisions makes further additions impractical for the Talathi.

When the Record of Rights are to be Re-Written, The Talathi (Village Officer) Adheres to the Following Guidelines:


1. All updated mutation entries are transcribed into Village Form Number 6 (VI).

2. Ensure certification of all finalized mutation entries.

3. Complete corrections in the 7/12 and verify accuracy.

4. Ensure integration of all Village Form Number 6 (VI) entries into the 7/12.

5. Prepare a copy of Village Form Number 7 and 12 displaying current entries, excluding those bracketed for deletion.

6. Preserve links to prior rewritten mutation numbers by documenting old entries.

7. The Circle Officer conducts a thorough 100% verification of rewritten 7/12 forms, supplemented by a 5% inspection by the Tahsildar. After verification, the Tahsildar validates the village records in a proclamation ceremony before the villagers. During the interim period before proclamation, the 7/12 is marked "Yet to Be Proclaimed.”


Several Key Considerations Regarding 7/12 Records Include:


1. Each parcel of land has its own designated 7/12 extract based on its survey number.

2. The cumulative landholding of every agriculturist in the village is detailed in Village Form 8A, making it essential for farmers to cross-check their 7/12 extracts against this document.

3. Verification of entries in the "Other Rights" column of 7/12 is crucial to confirm loans, including the lender's name and loan amount.

4. Proper documentation of dug wells or bore wells should be recorded in the appropriate column of Form XII.

5. Entries concerning fruit trees must also be accurately recorded in Form XII.

6. Certified mutations hold presumptive legal validity upon entry in 7/12, unless proven otherwise.

7. Correction of 7/12 records due to a minor reaching adulthood is processed based on application, bypassing the need for mutation.

8. The village Talathi rewrites the 7/12 book every decade, eliminating outdated entries during the process.

9. Annual crop cultivation entries in 7/12 are updated during the Kharif or Rabi cropping seasons.

10. Orders issued by revenue courts in appeals or revisions are promptly reflected in mutations without prior notice to involved parties.

The 7/12 Extract, or 7-12 Utara, stands as a cornerstone in Maharashtra's land record system, offering vital insights into Land Ownership, Agricultural and Non-Agricultural practices. This comprehensive document not only serves as a reflection of land rights and cultivation details but also functions as a critical tool for legal and revenue purposes. Understanding its structure, significance, and the process of periodic updates is essential for every Land Holder, Farmer and Property Investor in Maharashtra. By familiarizing yourself with the 7/12 Extract or 7/12 Utara, You ensure accurate representation of your Land Rights and maintain control over your property.

GET A FREE CONSULTATION TODAY!

LEOFELIS LANDBASE PRIVATE LIMITED

Your Land Acquisition Expert!

© LEOFELIS LANDBASE PRIVATE LIMITED