• Can a non-agriculturist buy agricultural land from SC/ST who has purchased it in Karnataka?

Can a non-agriculturist buy agricultural land from SC/ST who has purchased it in Karnataka?

I'm a non-agriculturist planning to buy a agricultural land in Karnataka from a SC/ST owner and as per the sale deed the land owner has purchased it from other person, it is not given from government or from his ancestors. So is it ok to buy?
Asked 4 years ago in Civil Law

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10 Answers

Dear Client,

Non Agriculturist with annual income not more than 25 lacs can buy A land.

Its prohibited the transfer of certain lands granted by the government, to persons belonging to the scheduled castes and scheduled tribes in the state, which means any land granted to the landless agricultural laborers belonging to scheduled castes and scheduled tribes, cannot be purchased. Anyone who purchases such a property, will not get clear and marketable title; such property will be eventually acquired by Government and returned to the original owner without any compensation to the purchaser.”

There is no risk in buying private land belong to SC/ST which were acquired by them through previous vendors.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Check in revenue records or from owner how he acquired the property. It`s first origin.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hello sir , you can check the chain of land title at the sub registrar office or at the Patwari office

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Yes you can buy a agriculture land from SC person who has self acquired the land and is not granted by the governemnt.

Secondly a non agriculturist can only buy land on permission from deputy commissioner under section 80 Karnataka Land reform Act and the required condition to seek permission is that the family income should be less than 25 lakh.

You should also check if the land has any history of grant by government.

You can check the land record of the land from the sub registrar office by taking certified copy of the land record available for land.

You can also check it online on land records.karnataka.gov.in

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

seek original documents of title from seller

2) if land has been allotted to SC/ST person you need permission from collector to purchase agricultural land from SC/St person

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Dear Sir,

Section 79 A bars you from purchasing agricultural land, it is as follows. It can be purchased from SC?ST if it is not granted land provided purchaser satisfies the following two conditions. For more issues please come to my office.

[79A. Acquisition of land by certain personsprohibited

(1) On and from the commencement of the2 [the Karnataka Land Reforms (Amendment) Act, 1995], no person who or a family or a joint family which has an assured annual income of not less than rupees 25 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.

(2) For purposes of sub-section (1)--

(i) the aggregate income of all the members of a family or a joint family from sources other than agricultural land shall be deemed to be income of the family or joint family, as the case may be, from such sources;

(ii) a person or a family or a joint family shall be deemed to have an assured annual income of not less than rupees [25 lakhs] from sources other than agricultural land on any day if such person or family or joint family had an average annual income of not less than rupees25 lakhs] from such sources during a period of five consecutive years preceding such day.

1. You must be an agriculturist or agricultural labor

2. not less than rupees [25 lakhs] from sources other than agricultural land

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hi,

The same checking can be done at registrar's office

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

The land purchased by SC/ST is as good as any other person buying a piece of land, there is no restriction to purchase the landed property from a person belonging to SC/ST community, if he bought the property by a registered sale deed and it was not an assigned landed property to him by any scheme by the government. Provided, all other aspects are legally alright for example, the title of the vendor, his predecessor, tax receipts, khatha, adangal etc.

T Kalaiselvan
Advocate, Vellore
78072 Answers
1543 Consultations

5.0 on 5.0

I have one more follow-up question.

You mean the land should not have any history of allotted from government, right. How to check whether the land is allotted by government or not?

By tracing of title for the past 30 years or more you can find out this aspect that whether it was inherited from any predecessor who was allotted this property by any welfare scheme by the engorgement etc.

You may verify the title of all the vendors from beginning for at least more than 30 years in the past preceding this date.

T Kalaiselvan
Advocate, Vellore
78072 Answers
1543 Consultations

5.0 on 5.0

Hello,

You may visit the office of the registrar and check the title of the said land.

engage a local lawyer who can prepare a title search report of the land of last 60 years.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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