The Maharashtra government has revised its land registration procedures to prevent the sale of jointly owned properties without the knowledge or approval of other stakeholders. Under the new rules, sellers must provide written consent or no-objection certificates (NOCs) from fellow co-owners when registering sale deeds for land recorded under a common property card or 7/12 extract.
A circular issued by the state revenue department on October 19 directs sub-registrars not to register such transactions unless the prescribed documents are submitted.
“The written consent of co-owners of [jointly held properties] must be obtained and made part of the document submitted for registration. If the written consent of the co-owners is not attached to the document, it will not be registered,” the circular states.
However, the rules provide an exception when a co-owner seeks to sell an identifiable portion of jointly held land. If the seller submits a measurement map issued by the land records department clearly marking the area being transferred, the sub-registrar can register the sale without requiring consent or an NOC from the other co-owners.
The circular states: “If a co-owner of land recorded in joint names in the 7/12 extract (property card) intends to sell their share, and the seller attaches a copy of the measurement map obtained from the land records department showing the portion to be sold, the sub-registrar shall register the document without insisting on the written consent or NOC of the other co-owners recorded in the 7/12 extract,” the circular says.
Section 44 of the Transfer of Property Act, 1882, allows a co-owner to transfer their individual share without obtaining permission from other co-owners. However, such transactions have frequently triggered disputes and legal proceedings.
The state government introduced the revised procedure following complaints about registration offices approving property transactions without adequately safeguarding the interests of other owners. The measure is intended to prevent unauthorised dealings, protect ownership rights and reduce financial losses and litigation.
“The revised procedure was intended to reduce litigation and prevent disputes among co-owners arising from land transactions conducted without their knowledge,” said a senior revenue official.
The new requirements seek to strengthen transparency in land transactions while providing a mechanism for selling clearly demarcated portions of jointly owned property.
Source: Hindustan Times
