• Land in Maharashtra

I bought a plot in a land that was originally agriculture land. Now the seller tells me that in order to transfer the 7-12 to my name I need to prove that I am a farmer and currently engaged in farming. I once owned a farmland in UP but sold it several years ago. Please advice how to proceed.
Asked 7 years ago in Property Law
Religion: Hindu

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8 Answers

Bombay tenancy and agricultural land Act, 1948 deals with your matter.

As er section 63 Transfer to Non Agriculturist barred:-

No sale (including sale in execution of a decree of a Civil Court or for recover of arrears of land revenue or for sums recoverable as arrears of land revenue), gift, exchange or lease of any land or interest therein, or

No mortgage of any land or interest therein, in which the possession of the mortgaged property is delivered to the mortgagee

shall be valid in favour of a person who is not an agriculturist [or who being an agriculturist [will after such sale, gift, exchange, lease or mortgage, holds land exceeding the celieng limit] determined under the Maharashtra Agricultural Lands (Ceiling on Holdings) Acts, 1961 such person shall not be granted, where land is being sold to a person who is not an agriculturist for agricultural purpose, if the annual income of such person is Rs. 12,000 or more] or who is not an agricultural labour.

Provided that the Collector or an officer authorised by the state government in this behalf may grant permission for such sale, gift, exchange lease or mortgage in such condition as may be prescribed.

You can not buy this land unless it is converted from agricultural category to any other type.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

1) to purchase agricultural land in your name in Maharashtra you nee to be a farmer

2) your farmer status needs to be proved by certificate from tehsildar of your village.

3) it is better you purchase agricultural land in states like Rajasthan, MP wherein non agriculturist can buy agricultural land . obtain certificate from village tehsildar that you are farmer

4) then apply for transfer of land in your name

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

The proof of the agricultural land owned by you in UP may be obtained and produced before the authorities now.

Even the property at UP has been sold, it would evidently prove tht you had owned agricultural land and you were a farmer earlier.

You can convince the authority and they are obliged to accept the evidence.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

contact the tehsildar for guidance

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

Dear Sir..

In this regards you have to move ..department of agriculture land...and file the R.T.I. to know about the nature of land ......then after you can ..purchase it ......there is no issue...that professionally man can buy the land

Regards

Mob-No-[deleted]

Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

4.4 on 5.0

The purchase and sake of land in UP has no connection with land laws in Maharashtra.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

You can obtain a certificate from the land revenue department within your jurisdiction stating that you held the said property which was subsequently disposed and you were a farmer.

Attach this certificate to the sale deed and submit the copy to the Revenue department with an application for inclusion of your name or transfer the 7/12 records to your name in 7/12 register.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

You ought to have borne the local laws in mind before the sale. It seems that you were induced by the seller to buy the land. You should obtain the title documents of the land you owned in UP to prove that you have owned land in the past. Consult a local lawyer.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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