• 2 acres agricultural land bought and it is moved to AC court

Hi,

My name is Srinivas. We bought agriculture land of 2 acres last year. Since we didn't pay bribe at tahsildar office they mention in pahani that we are violated the " LAND REFORMS ACT 79A and 79B.
My father is a farmer but we don't have any agriculture land in our name currently, however, we are submitted family tree details for that. Now the case is in AC court we have to submit our income sources details. I am working as software developer and earning 14 lakh per annum and two bothers also working in private sector they also earning 2 lakh per annum. We have agriculture income mention 2 lakhs rupees. We are just worried if we submit documents can we are able to get the land back without any issues?
Asked 8 years ago in Property Law
Religion: Hindu

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6 Answers

you have not mentioned in whose name was agricultural land was bought

2)Section 2(12) of the Karnataka Land Reforms Act defines "Family" as under:

2(12) "Family" means-

(a) in the case of an individual who has a spouse or spouses, such individual, the spouse or spouses and their minor sons and unmarried daughters, if any;

(b) in the case of an individual who has no spouse, such individual and his or her minor sons and unmarried daughters;

(c) in the case of an individual who is a divorced person and who has not remarried, such individual and his minor sons and unmarried daughters, whether in his custody or not; and

(d) where an individual and his or her spouse are both dead, their minor sons and unmarried daughters."

By looking into the definition of family, it includes only the spouse, minor sons and un-married daughters. At no place, "adult sons finds a place under the Karnataka Land Reforms Act.

3) if you are staying separate from your parents your and adult brother income would not be considered

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

Your mother should be eligible to buy agricultural land if family income is less than Rs 25?lakhs

2) you have to submit 5 years income documents if sought

3) also take the plea that you do not fall within definition of family as you separated from parents after marriage and staying in Bangalore

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

As per Karnataka Land Reforms (Amendment) Bill, 2015, the income limit for income limit for non-agricultural persons to purchase farmland has been increased from Rs. 2 lakh to Rs. 25 lakh.So in your case you can buy the agriculture land(even though you are a non-agriculturist).

You may see that for what reason that this case is pending before AC court.

You can produce the supporting documents to support your pleadings.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

You are eligible for buying the agricultural land with the given details.

You may submit the documents asked by the AC and express your inability if they demand for more documents which are not mentioned in the list of documents to be verified

If the report by AC is not in your favor you may prefer an appeal before the District collector or can approach civil court with a suit for declaration and mandatory injunction.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

If the income of your family for last 5 years have been less than 25 Lakhs then your mother will be eligible to purchase the said piece of land; you will have to submit a document to this effect.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You may take a pleas that you are staying in Bangalore separately also if the report of AC comes against you then you may prefer an appeal before the district collection or may file a declaration suit in the civil court.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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