• Purchase of agriculture land with non agriculture income

I  am an lic agent i have 1.01 acre agriculture land in my name came from my father by division of property and also  i have income more than 2 lac from my lic business, can i purchase agriculture land ?
Asked 2 years ago in Property Law from hassan, Karnataka
Hello
79A- Acquisition of land by certain persons prohibited.
no person who or a family or a joint family which has an assured annual income of not less than rupees two lakhs]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
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; 
As per the act you can not purchase agricultural land.
Your wife can not also purchase land in her name if she has the annual income as per 79/A
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
Hi, as per provision of Karnataka land reform act  you can' t purchase the land as your income is more than 2 lakhs but in generally you are an agriculturist you can purchase the agriculture land and problem when proceedings initiated by Asssitant commissioner, don't bother much go ahead with transaction.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
Hi,
You can purchase the agricultural land depends upon the state laws. What ever you got from your ancestral property shall be treated as ancestral property for acquiring any new property.
Mohammad Khaleel Ahmed
Advocate, Hyderabad
184 Answers
1 Consultations
3.9 on 5.0
A. If you want to purchase agriculture land in Karnataka, As per Section 79A of the Karnataka Land Reforms Act 1961, the non-agricultural income of a purchaser who must be an agriculturist and your income which is not exceed more than 2 lakh from sources other than agricultural lands.

B. Your wife also cannot purchase agricultural land because of the Section 79 A applicable to Family who include your wife also. You have to divulge the income proof else your agricultural land will be confiscated by the Karnataka Government even after purchased the land by giving some compensation on market value.
B.T. Ravi
Advocate, Bangalore
733 Answers
29 Consultations
5.0 on 5.0
1)it is your case that your income is more than Rs 2 lakhs from LIC business 

2) since your income is more than Rs 2 lakhs you cannot purchase agricultural land in karnataka in your name or that of your wife 

3) section 79 A prohibits purchase of agricultural land by any person or family who have  annual income of more than Rs 2 lakhs from non agricultural sources 

4) your land would be confiscated by the govt in case you purchase agricultural land
Ajay Sethi
Advocate, Mumbai
23123 Answers
1214 Consultations
5.0 on 5.0
1. No. Neither you nor your wife can purchase agricultural land since the annual income of your family is more than Rs.2 lakhs,

2. There are certain restrictions for buying agricultural land and one such restriction is that the annual income of the family of the buyer should not be more than Rs.2 Lakhs.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1. Agricultural land can be bought in Karnataka after fulfilling certain requirements.

2.The annual average income of the person including agricultural income should be less than Rs 2 lakhs.

3. 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.

4. 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 2 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.

5. So neither you nor your wife can purchase the agricultural land in Karnataka.
Ashish Davessar
Advocate, Jaipur
18063 Answers
446 Consultations
5.0 on 5.0

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