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Transfer of land

(Querist) 01 March 2014 This query is : Resolved 
Dear All,
There is a land in small village near Pune.
Survey Number:A:128R
Survey Number:B:104R
Both the survey numbers are owned in 50:50 percent ratio on 7/12 by two owners on 7/12 (Owner X and Owner Y). Owner X and Y are brothers. The 7/12 also mentions about section 43 control of Bombay Tenancy act on the land and owners have the 32M certificate received from Tehsiladar office.
Now both owners have decided to have following ownership reflected on 7/12 of land:
Survey Number:A:128R: Only owner X ownership
Survey Number:B:104R: : Only owner Y ownership
- Does they require to obtain permission for ownership transfer from Collector office?
- What document need to be executed for transfer?
- What will be the stamp duty for the transfer?
-Can they include transfer of other survey numbers (no 43) under same document?
Please advise and process to be followed.May i request for the earliest response?
Regards
Malharee
Sri Vijayan.A (Expert) 02 March 2014
1. Both the owners have to execute a Partition deed and get it registered in Sub Registrar office.
Then both of them approach Tahsildar office with the partition deed to have separate 7/12
No previous permission required from revenue department for this partition deed

2.Please consult SRO for stamp duty.

3. Other property also can be included in the same document, if they are owners of those property.
Malharee Sutar (Querist) 02 March 2014
Dear Sir
Thank you for your reply.Just to reconfirm,is it not required to obtain permission from Pune Collector before execution of partition deed as per Bombay Land Tenancy Act 1958 as per section 43?

Note: 7/12 has reference of section 43 on it.

Regards
Malharee


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