You are residing in a cooperative housing society where the government has undertaken three flats under the Urban Land Ceiling (ULC) Act. The conveyance deed you prepared lists these three ULC flats as unsold, but it names the builder as the owner. You now wish to change the name on the 7/12 extract from the builder's name to your society's name. The Talathi office requires a recent ULC letter to proceed, but there is confusion as the ULC record is available for only one part of your survey number (hissa) and not the other.
Legal Context:
Urban Land Ceiling and Regulation Act (ULCRA), 1976: This Act was designed to prevent the concentration of urban land in the hands of a few and to ensure its equitable distribution. It provided for the acquisition of surplus land by the government.
7/12 Extract: This is a record of land ownership, occupancy, and land-use patterns in the Indian states of Maharashtra and Gujarat. It serves as proof of ownership and is used for legal and agricultural purposes.
Steps to Resolve the Issue:
Documentation and Proof:
- Gather all relevant documents related to the ULC flats, including the initial notification by the government under the ULC Act, the acquisition notice, and any communication between the builder and the government.
Legal Opinion:
- Consult with a legal expert specializing in property law and ULC matters. This will help clarify the legal standing and the way forward, considering the complexities involved with multiple hissa numbers.
Communication with the Builder:
- Although the builder is currently uncooperative, attempt formal communication through registered letters or legal notices. This creates a record of your efforts to obtain necessary documents.
Government Departments:
- Contact the ULC department or the office that holds records of land acquisitions under the ULC Act. Request a certified copy of the latest ULC letter or any other relevant document.
- If one hissa has the required ULC documentation and the other does not, obtain a written clarification from the ULC department explaining this discrepancy. This could be vital for your discussions with the Talathi office.
Talathi Office:
- Present all gathered documents to the Talathi office, including the conveyance deed, previous ULC letters, and any clarification obtained from the ULC department. Emphasize the cooperative society’s right to have the 7/12 extract updated in its name.
Alternate Legal Remedies:
- If the Talathi office remains uncooperative, consider filing a writ petition in the High Court under Article 226 of the Indian Constitution. The High Court can direct the Talathi office to update the 7/12 extract based on available documents and legal merits.
Relevant Judgments:
Laxman Rao Nagnath Deshpande vs State of Maharashtra: The Supreme Court held that proper documentation and adherence to legal provisions are essential in cases related to ULC and property rights. This emphasizes the need for clear and consistent records.
Municipal Corporation of Greater Mumbai vs Hindustan Petroleum Corporation: This case highlights the importance of maintaining accurate land records and the legal obligations of public offices to update records in accordance with ownership changes.
Conclusion:
To resolve the confusion and have the 7/12 extract updated, gather all relevant documents, seek legal advice, communicate formally with the builder and government offices, and if necessary, pursue legal remedies through the courts. This structured approach ensures that you adhere to legal protocols while safeguarding your society’s interests.
