Deshmukh & Associates

Legal Consultants & Lawyers

Latest Legal Queries:

Question:
Sir, we purchased a land in Mamdapur, near to Neral in Raigad district one year back. By Registered Sales Deed Agreement we paid stamp duty and Registration fees as per value of Govt ready reckoner.

The Talathi or Neral is not changing the name on 7/12 extract. We submitted application form for change of name in 7/12 and even gave him full copy of Registered Agreement but he is not doing anything. The older seller’s name is still on 7/12 in Mahabhulekh. How many years the Talathi of Neral village will take to change name in 7/12. He is not even replying when we called him on his mobile. To whom we can complain? -- Utkarsh Yadav, Vashi, Navi Mumbai

Reply:
As many buyers in Maharashtra have complained to the Revenue Dept that Talathis are unnecessary delaying mutation change even if the Agreements are Registered under Indian Registration Act 1908, the Govt of Maharashtra curtailed (took away) powers of Talathi of issuing Vardi notices or asking people to come in person in front of His Highness the Talathi (who is the lowest rank officer in Revenue Dept.)

As per latest amendment on 30 June 2014 to Section 150 of Maharashtra Land Revenue Code 1966, it has been now made automatic mutation via electronic mode. If you have purchased the land under Registered Agreement and you have paid proper stamp duty and Registration charges then, as per latest amended law, there is no need for you even to visit the Talathi office or supply him any copy of Regd Agreement or Index-II or Goshiwara etc. The Sub-Registrar who has registered your agreement sends by Electronic Mail every month a report to the Tahsildar and the Talathi in whose area the plot is situated and for which the Sales Agreement is registered. Then the Tahsildar from his side also instructs the Talathi every month for the change of Mutation of the plots/lands for which there are Registered Agreements. Talathi, as per law is supposed to enter names of new buyers in mutation record and keep it for his area Circle Inspector or Awwal Karkoon to verify the Talathi’s entry. Once Circle verifies it then immediately the name of new buyer should be visible on Mahabhulekh portal.

The need of Vardi Notices or asking the Seller’s to come in person in front Talathi (who is lowest ranking officer of Revenue Dept.,) and making gardi at Talathi offices has been now abolished by the Govt of Maharashtra from 30 June 2014. You can file and complaint and also a RTI to Tahsildar’s office to check why the Talathi is harassing you despite the Agreement is a Registered Sales Deed.

Ibrahim Deshmukh
Legal Consultant
[email protected]
www.law-india.com

Question:
Where can we file a complaint against Talathi of Kadav village Taluka Karjat Dist Raigad? The Talathi is unnecessarily harassing farmers for latest 7/12 extracts and also for Ferfar utara? -- S. P. Pradhan, Kadav-Karjat

Reply:
Talathi is the lowest officers of Revenue Dept. You can complaint to his immediate superior officer called Circle or to the Tahsidar of Karjat. You can send your complaint by Registered post to the Tahsildar of Karjat and CC it to the Collector of Raigad Dist in Alibag.

Further, as per latest initiatives of Govt of Maharashtra, through an E-complaint portal, you can visit the following weblink to register your online complaint directly to the Raigad District Collector:

www.dolr.nic.in/complaint/public/frmComplaint.aspx

Finally you can reach a local lawyer to take legal action.

Ibrahim Deshmukh
Legal Consultant
[email protected]
www.law-india.com

Question:
Well i take electricity from MSEB. I have purcased a flat 2nd hand from one person but the meter is transferred 1 year earlier. For the last one year no electricity bill is send to me. I have paid all money for meter transfer. They have issued a firm quotation/demand note. But till now no bill is send to me. Now can i take up the matter directly with consumer court or consumer forum instead of electricity Ombudsman? What charges can I bring against MSEB? is it necessary to send Notice u/s 80 cpc? How can I send notice under section Notice u/s 80 cpc? Do I need a lawyer to prepare the notice?

Reply:
If all the required formality for transfer of electricity meter are well completed by you, then submit a written complaint to concerned MSEB office that failing to transfer meter in your name you will be forced to move District Consumer Forum within 15 days.

Once 15 days done, no positive response from MSEB, simply prepare your application to District Consumer Forum in your area with all relevant records under Consumer Protection Act 1986 with (Amendment) Act, 2002. No need of any lawyer, if you can present your matter reasonably well with all relevant documents.

Your complaint should contain the following information:
• Your name, description and the address.
• The name, description and address of the opposite party i.e. MSEB
• The facts relating to complaint and when and where it arose. (it must be within 2 years of application to MSEB)
• Documents, if any, in support of the allegations contained in the complaint. (Copy of the Sale deed of the flat, receipt, correspondence / complaints made in writing).
• The relief (compensation) that you are seeking.

There should be 4 copies of the complaint on plain paper plus a copy each for the opposite party.

You will need to make an affidavit that whatever you are writing in your complaint is true.

There is nominal fees which you will need to pay at District consumer forum office.

Ibrahim Deshmukh
Legal Consultant
[email protected]
www.law-india.com

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