
Tukdebandi: plots split before 15 Oct 2024 are now deemed regularised, no premium. Who qualifies?
Section 9(4) of the Fragmentation Act, inserted by an ordinance of 3 November 2025, deems transfers and partitions made between 15 Nov 1965 and 15 Oct 2024 regularised without premium, for non-agricultural land in municipal, MMRDA-type, cantonment and regional-plan zones.
Rules as of 13 October 2026.
For decades, a small piece of land carved out of a larger holding could be a legal trap in Maharashtra. The Fragmentation Act of 1947 barred splitting land below a "standard area", and a sale or partition that broke the rule was treated as void. Thousands of plot buyers in towns and city edges ended up with registered or stamp-paper documents but no entry in their name on the 7/12. In November 2025 the state changed the rule: certain splits made up to 15 October 2024 are now deemed regularised, with no premium to pay.
The timeline: ordinance, ordinance, bill
| Date | Instrument | What it did |
|---|---|---|
| 15 Oct 2024 | Ordinance XIV of 2024 | Fixed the regularisation premium at 5% of market value (Annual Statement of Rates), down from "not exceeding 25%" set by government notification |
| 1 Jan 2025 | Act V of 2025 | Replaced that ordinance; deemed in force from 15 Oct 2024; same 5% premium |
| 3 Nov 2025 | Ordinance X of 2025 | Added section 9(4): covered splits deemed regularised "without charging any premium"; in force at once |
| 8 Dec 2025 | Bill No. XCIV of 2025 | Introduced to replace the ordinance, deemed to take effect from 3 Nov 2025 |
I read the ordinances, Act V of 2025 and the replacement bill. I did not read the final gazetted Act. A news report says the Assembly passed the bill on 9 December 2025, and a law-firm note says it was notified on 31 December 2025, deemed in force from 3 November 2025. Since the ordinance itself came into force "at once" on 3 November 2025 and the bill saves actions taken under it, the position for a buyer is the same either way. Ask your advocate to confirm the final Act number.
Who is covered
New section 9(4) applies "notwithstanding anything contained in this Act" to a transfer or partition made contrary to the Act on or after 15 November 1965 and on or before 15 October 2024, if the land is used, or intended to be used, for a bona fide non-agricultural purpose and lies in one of these areas:
- within the limits of a Municipal Corporation, Municipal Council or Nagar Panchayat;
- areas designated for residential, commercial, industrial or other non-agricultural use under MMRDA, the other Metropolitan Region Development Authorities, or notified Special Planning Authorities;
- a Cantonment area;
- non-agricultural zones and Growth Centres in a draft or final Regional Plan;
- the "Peripheral Area" of a village, city or town designated for non-agricultural use in a draft or final Regional Plan, where the Unified Development Control and Promotion Regulations apply.
If the land is plain agricultural land outside these zones, section 9(4) does not help it. Ordinary farmland sales below the standard area remain under the old restrictions.
What it costs
Nothing, as far as the premium goes. Before the November 2025 ordinance, the premium was up to 25% of market value and then 5%. The government's own statement of objects says uptake stayed low, so it chose "deemed regularisation" without any premium.
Illustrative arithmetic. Assume a small plot whose market value under the Annual Statement of Rates is ₹40 lakh.
| Regime | Premium | Amount on ₹40 lakh |
|---|---|---|
| Earlier ceiling (up to 25%) | 25% (maximum) | ₹10,00,000 |
| Act V of 2025 (from 15 Oct 2024) | 5% | ₹2,00,000 |
| Section 9(4) (from 3 Nov 2025) | Nil | ₹0 |
"No premium" does not mean "no cost". A news report (Free Press Journal, 19 November 2025) says stamp duty remains payable where the deal was done only on notarised or stamp-paper agreements and never registered. If, for example, such a plot is valued at ₹40 lakh and the duty were an assumed 6%, that is ₹2.4 lakh, which is a cost the premium waiver does not remove. The real figure depends on the rate that applies to your transaction.
The 7/12 entry: what the law says and what is reported
The text of the ordinance and the bill says nothing about 7/12 extracts, mutation or registration procedure. It regularises the transfer or partition itself. The statement of objects explains the purpose: such transactions "could not be recorded in land records", and the change is meant "to update the record of rights".
The procedural detail comes from press reports, not from a document I could read. The Free Press Journal reported that earlier rejected mutations would be reviewed, that buyers' names would be entered in the "occupant" column, that the Fragmentation Act remark would be removed from the 7/12, and that talathis would nudge unregistered buyers to complete registration. Treat this as reported intent. Ask the tahsil or talathi office what they are accepting now, and keep a written acknowledgement of any application.
What a small-plot buyer must still check
- Is the plot in a covered area? Ask for the zone from the development plan or regional plan. A plot in an agricultural zone in a village is outside section 9(4).
- Was the split on or before 15 October 2024? The clause covers transfers and partitions up to that date. A split done after it is not covered by this clause. Get the date of the deed or partition in writing.
- Is the use non-agricultural? The clause needs bona fide non-agricultural use or intended use.
- Layout and building permission are separate. The text regularises the transfer. It does not mention layout approval, NA conversion or building permission, so ask the planning authority separately.
- Title chain and possession. Regularisation of a split does not prove the seller owned the land. See our explainer on why a registered deed alone is not proof of ownership.
- Stamp duty and registration status of your own document. If you hold only a notarised paper, find out what must be paid and registered before your name can go in.
Mistakes to avoid
- Paying a "regularisation fee" to an agent. The statute prescribes none for covered splits.
- Assuming an old 25% or 5% premium notice still applies to you without checking the date of the transaction.
- Buying a fresh sliver of land now and expecting this clause to cover it. The cut-off is 15 October 2024.
- Believing a new 7/12 entry fixes everything. Entries in revenue records are not proof of title.
This is a general explanation, not legal advice. A local advocate should read the final Act and your documents before you pay or sign.
What this means for you
This week, check three things on any small plot you hold or plan to buy: the date the plot was split or sold (on or before 15 October 2024?), the zone it sits in (municipal, MMRDA-type, cantonment, regional-plan non-agricultural or peripheral area?), and whether your name is on the 7/12. If you hold only a notarised agreement, ask an advocate what stamp duty and registration are due. Do not pay any agent a 'regularisation fee'; the text prescribes no premium for covered splits.
Sources
- Maharashtra Prevention of Fragmentation and Consolidation of Holdings (Amendment) Ordinance, 2025 (Mah. Ord. X of 2025), prsindia.orgprimary
- L.A. Bill No. XCIV of 2025 (Fragmentation Amendment Bill, 2025), prsindia.orgprimary
- Maharashtra Act V of 2025 (Fragmentation Amendment Act, 2024), Gazette 1 Jan 2025primary
- Mah. Ordinance XIV of 2024 (15 Oct 2024), mls.org.inprimary
- Free Press Journal, 19 Nov 2025: Maharashtra allows free regularisation of land transactions violating Fragmentation Actreport
- NewKerala (news agency), 9 Dec 2025: Maharashtra assembly passes bill relaxing land fragmentation provisionsreport


