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Q. To buy a agricultural land without being a farmer

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Pratik Arlikar

posted 5 months ago

Q.To buy a agricultural land without being a farmer
There is a law that one cannot buy a farmland if you don't already own a farmland. I don't have a farmland but wish to buy one. Not huge land. So what are the turnarounds? My distant maternal uncle has some farmland whose surname is same as my mother's? Can I buy a land in her name? Also please let me know what are the other options for me.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 5 months ago

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A. ) Dear Sir,
If you are not an agriculturist you have to satisfy the following three conditions in Karnataka
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Dear Sir,
It seems are being misguided by someone. Each partner/co-sharer must satisfy the following conditions to purchase the agricultural land.
Agricultural land can be bought in Karnataka after fulfilling certain requirements.

These include:

The annual average income of the person including agricultural income should be less than Rs 25 lakhs.

The person must have had an agricultural land in his name before the year 1974. The person should be an agriculturist or an agricultural worker by profession.

As per Section 79A of the Karnataka Land Reforms Act 1961, the non-agricultural income of a purchaser who must be an agriculturist should not exceed Rs 25 lakhs per year. Sale of land granted to members of scheduled caste and tribe is not allowed. Also, sale of land granted by the government is not allowed for a period of 15 years. Agricultural land can be used only for agricultural purposes and no other purposes. Utilising agricultural land for any other purpose is prohibited by law. Agricultural land, which does not come under the Green Belt, can be converted for non-agricultural purposes like residential, commercial, industrial etc, subject to the approval of the Special Deputy Commissioner on payment of the prescribed fees and subject to certain conditions.
Dear Sir,
You must satisfy the following conditions, if not then you must get a certificate showing you are agricultural labor. The later is easy because even Amithab Bachan taken such certificate to legalize his purchase of agricultural fields that is coffee estates.
(i) That he is coming from agricultural family and holding agricultural lands as on prescribed date i.e., 01.03.1974.

(ii) That his individual income is less than Rs. 2,00,000/- per annum and
(iii) That he is having source of income to purchase above agricultural land.
Agricultural land can be bought in Karnataka after fulfilling certain requirements.
These include:
The annual average income of the person including agricultural income should be less than Rs 25 lakhs.
The person must have had an agricultural land in his name before the year 1974. The person should be an agriculturist or an agricultural worker by profession
As per Section 79A of the Karnataka Land Reforms Act 1961, the non-agricultural income of a purchaser who must be an agriculturist should not exceed Rs 25 lakhs per year.
===================================================================
KARNATAKA LAND REFORMS ACT 1961
RESTRICTIONS ON 1
[HOLDING OR]
TRANSFER OF AGRICULTURAL LANDS
[79A. Acquisition of land by certain persons prohibited.—(1) On and
from the commencement of the 3
[the Karnataka 4
[Land Reforms
(Amendment) Act, 2015]4
]
, no person who or a family or a joint family which
has an assured annual income of not less than rupees 4
[[twenty fivelakhs from sources other than agricultural lands shall be entitled to
acquire any land whether as land owner, landlord, tenant or mortgagee with
possession or otherwise or partly in one capacity and partly in another.
=========================================================================
79B. Prohibition of holding agricultural land by certain persons.—(1)
With effect on and from the date of commencement of the Amendment Act,
except as otherwise provided in this Act,—
(a) no person other than a person cultivating land personally shall be
entitled to hold land; and
(b) it shall not be lawful for,-
(i) an educational, religious or charitable institution or society or
trust, other than an institution or society or trust referred to in subsection
(7) of section 63, capable of holding property;
(ii) a company;
(iii) an association or other body of individuals not being a joint family,
whether incorporated or not; or
(iv) a co-operative society other than a co-operative farm, to hold any land.

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 5 months ago

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A. ) U can submit the affidavit to the registrar at the time of registration of land

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