A.
Dear Client,
Yes, it is legally possible to transfer a share in jointly owned land and obtain a separate 7/12 extract for that individual's portion, provided a legal partition is carried out in respect of said jointly owned land. Section 44 of the Transfer of Property Act, 1882 (TPA), deals with transfers by co-owners. There are three types of co-ownership, namely, joint tenancy, tenancy-in-common, and coparcenary. The co-owners have the right to use, dispose of, and possess the property. As per Section 44 of TPA, if one of the co-owners transfers his share in the property, the transferee becomes a co-owner with the remaining co-owners, and accordingly, the transferee will get all the rights and liabilities of the transferor, including the right to partition of the property. The 7/12 extract is an important document needed for various financial and legal transactions about the land and is maintained by the revenue department of the State of Maharashtra and Gujarat. The 7/12 Document is prepared by the Talathi and signed by the Tahasildar. Given the provision of relevant law, the transferee can file a suit for a declaration under Section 34 of the Specific Relief Act, 1963, or a suit for partition/possession before the competent Civil Court seeking an appropriate order declaring his share in the land. Upon receipt of the Court's order, he may visit the office of the Revenue Department and fill out a form with the details of the land and the owner and submit the same along with the required documents and fees. Once his application is verified, he(transferee) will be issued the updated 7/12 extract from the office of the revenue department.
Posted On 01-May-2025
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