• Purchase agriculture land

I am a marine engineer with an NRI status. My father is an agriculturist having 1.6 acres of agriculture land in his name. Is it possible for him to purchase a larger agriculture land funded from my NRI account. Budget around 1Cr.
Asked 6 years ago in Property Law
Religion: Hindu

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19 Answers

since your father is an agriculturist he can purchase agricultural land in his name

2) your father can hold A class land 10 acres and D class land 54 acres

3)you can advance money to your father for purchase of agricultural land

4) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
94719 Answers
7530 Consultations

5.0 on 5.0

Hell,o,

In furtherance to the benami transaction act 2016, your father can only purchase the property from your fund if you become the joint owner of the property otherwise the same has a punishment of seven years as per the act.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

yes you may just the source of those funds in your account should be clear.

Arun V S
Advocate, Jaipur
64 Answers

4.0 on 5.0

He can purchase provided if there is no land ceiling as per the karnataka state regulations. As your salary is taxable and duly credited through NRI, you need not worry about utilizing the funds for lawful purchase.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

Don't see any issue in that even if you purchase land in your name as your father is holding some agriculture land at present that will pass to you after that.

You may go ahead to purchase in your or your father name as per your choice or jointly with father.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

He can buy it with your funds but the same will be accounted in his income tax returns and your income tax return also will reflect funds to your dad

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

1) your father can purchase more land on his name

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Hi. he can purchase the land by paying mandatory stamp duty

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Being an agriculturist your father can purchase agricultural land in his name approx 10 acres of A class land and approx 54 acres of D class land , even from your income .Your income is legal being an NRI .

So,You may go ahead to purchase in your or your father name as per your choice or jointly with father.

Mohammed Shahzad
Advocate, Delhi
13222 Answers
198 Consultations

5.0 on 5.0

1. He can purchase agricultural land by arranging fund from any source including his son as a loan amount or a gift amount.

2. You shall not be entitled to own the said property in any way since your income from sources other than Agriculture is more than Rs.2 lakhs per year.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. Your father being an agriculturist is free to purchase the agricultural land.

2. Your father can pay the sale consideration from any lawful source including a loan by you.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Your father has to show the source of his income to purchase this assets.

The amount received from you as a gift is also a source of income which is legally valid.

The other aspects i.e., the maximum limit for purchase of agricultural property is a separate subject to this.

T Kalaiselvan
Advocate, Vellore
84919 Answers
2195 Consultations

5.0 on 5.0

Your father can purchase agricultural land as his annual income is Rs one lakh only

2) income limit for purchase of agricultural land has been raised to Rs 25 lakhs

Ajay Sethi
Advocate, Mumbai
94719 Answers
7530 Consultations

5.0 on 5.0

1) No! You can transfer your income to your father's account for day today expenses and living for life. Leaving of standards your father's may be costlier than your income.

For further details please select consultation call.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

1. There is limit prescribed for various types of land in Karnataka and for various types of holdings. A person having no family can hold 10 units of agricultural land. That is A class land 10 acres and D class land 54 acres. If a person having family holds land, then his holding is calculated by adding 2 units to 6th person in his family like that each additional person will get 2 units extra. The total such units shall not exceed 20 units in a family.

2.The source of fund for your father should be loan or gift from you from your NRI account.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Your father being agriculturist, has no maximum limits for purchase of agricultural landed property but conforming to the provisions of Karnataka land reforms act with regard to the ceiling.

He has to provide the course of income to income tax department and may have to file IT returns accordingly.

T Kalaiselvan
Advocate, Vellore
84919 Answers
2195 Consultations

5.0 on 5.0

S.63 of the Karnataka Land Reforms states as follows:-

[63. Ceiling on land.—(1) No person who is not a member of a family or

who has no family and no family shall, except as otherwise provided in this

Act, be entitled to hold, whether as land owner, landlord or tenant or as a

mortgagee with possession or otherwise or partly in one capacity and partly

in another, land in excess of the ceiling area.

(2) The ceiling area for a person who is not a member of a family or who

has no family or for a family shall be ten units:

Provided that in the case of a family consisting of more than five

members the ceiling area shall be ten units plus an additional extent of two

units for every member in excess of five, so however that the ceiling area

shall not exceed twenty units in the aggregate.

1

[(2A) The ceiling area for a person who is tenant under clause (b) of subsection

(2) of section 5 shall be forty units.]

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

Please consult a local lawyer, who is practicing at the place where the property is situated in order to get a concrete advise.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1. YES. Show the amount as Loan /Gift to your Father and THEN the Father can purchase the Land in his or your or joint names, subject to due documentary procedures.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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