Land Records

[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It seems Maharashtra is outdated in everything.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!

[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.

[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 .

[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.

[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

[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

[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

[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

[maneesh]

Thats a great effort brajesh.

[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.