• Purchasing and obtaining RTC of agricultural land in Karnataka

I am son of agriculturist and already having agriculture land ,I have purchased an acre agriculture land out of 5 acre in kelgeri Dharwad which belongs to the owner ,who has sold it to me in the month of JAN 2017. As per the request I have submitted the required documents to Talati after three months my name has got included in the RTC with remarks that there is doubt of violation of of existing rules.The notice has been served to me by Asst Commissioner to submit the fallowing documents.
1.income certificates of the purchaser's of the family members for past five years before buying 
2.The copies of RTC and mutations.
3. The court Affidavit mentioning Details of Family members with relation and annual income .
My income in the financial year 2013,2014,2015,exceeds more than 2 lakhs.The officials are informing that they will consider the income limit less than 25 lakhs and more than 2 Lakhs with effect from FY2015 on wards.What is the correct procedure to calculate the ceiling limits from which year and what is purpose of declaring past five years income .If the cieling is raised to 25 lakhs from FY2015,in that case the purchases will be valid with effect from FY2020 on wards due to past Five years income criteria .Please clarify?. [deleted]
Asked 8 years ago in Property Law
Religion: Hindu

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7 Answers

The new limit of Rs 25 lakh on non-agriculture income to purchase agricultural land that was introduced last year will have to be understood as coming into effect in 1974 itself. Anyone with non-agriculture income over Rs 25 lakh is barred from purchasing agriculture land in Karnataka. The limit of Rs 2 lakh was increased to Rs 25 lakh in the Karnataka Land Reforms Act, 1961 in 2015. Many people, including politicians, are in trouble due to the previous limit of Rs 2 lakh. But the High Court has held in a recent case that the new limit would have to be read as coming into effect earlier. It gives hope to thousands of persons who had purchased agriculture land before the amendment

Vijayakumar Shankarayya Sardar Vs State of Karnataka. In that case, the division bench had held that "Whenever an amended Act has to be applied subsequent to the date of amendment, the various unamended provisions of the Act have to be read along with the amended provision 'as though they are a part of it."

Ajay Sethi
Advocate, Mumbai
99931 Answers
8158 Consultations

If after the FY your income is between 2 to 25 Lakh then there happens to be no issue.

Give a relly to the concerned officer and if any order is passed then you may directly file the appeal before the HC.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Hi, Now the ceiling limit has increased to 25 Lakhs and if your average annual income of 5 years is less than 25 lakhs then you can purchase the agricultural land.

2. Don't worry you are with in the ceiling limit.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

Under section 79 a & B of the Karnataka Land Reforms Act you should prove that you belongs to an agricultural family as on 01.04.1974 and on wards and your family income dose not exceeds 25 laks per annum.

You need to satisfy both the sub-section under the Karnataka Land Reforms Act.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

The limit of income has been raised in the year 2015, however it was not given retrospective effect, hence the ruling mentioned by the AC may be held as right and correct. However you may prefer an appeal against this order before the appellate authority as per the provisions of the Karnataka land reforms latest amendment rules.

Explain that you are not a non-agriculturist, hence as a special case you may be permitted to go ahead with the said purchase and set aside the orders of the AC in this regard.

If necessary you may prefer a writ before high court on the same lines seeking to regularise the same as per the latest amendments.

Consult a local advocate practicing in this field before initiating/venturing into any legal action.

T Kalaiselvan
Advocate, Vellore
90132 Answers
2504 Consultations

Legal fees depend upon the lawyer engaged by you

Your lawyer can give you list of cases wherein orders of AC have been set aside by KAT

Ajay Sethi
Advocate, Mumbai
99931 Answers
8158 Consultations

please clarify( 1)how can the Revenue Authorties get their circulars as per the orders of KAT so that the innocent persons are helped and get rid of the hurdles also from the corruption.

Corruption is a menace and cannot be curbed.

You can prefer an appeal before KAT agaisnt the aggrieved orders passed by the AC/Revenue department by citing the latest amendments in this regard, you will certainly get relief and this will be an eye opener.

(2) how much is the likely expenses to file an appeal in the KAT.

The court fee and the lawyer's fee would be informed to you by the lawyer who you propose to engage for this case.

(3) please give me list of similar case where in the KAT has set aside the orders of AC.

You can take the help of your advocate who you are proposing to entrust this assignment

T Kalaiselvan
Advocate, Vellore
90132 Answers
2504 Consultations

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