• Karnataka land reforms act

I own agricultural land in andhra pradesh. the said land was gifted to me by my grandfather who was also an agriculturist. i want to purchase agricultural land in karnataka. my average income is less than 25 lakhs. can i buy agricultural land in karnataka. Please explain to me citing section 79a, 79b and section 80 of the said act.

also if somebody who has agricultural land in karnataka dies intestate then can the children inherit the agricultural land even though they do not own agricultural land.
Asked 8 years ago in Property Law
Religion: Hindu

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7 Answers

section 79 A prohibits purchase of agricultural land by any person or family who have annual income of more than Rs 25 lakhs from non agricultural sources

2) the amendment empowers deputy commissioners of districts, instead of assistant commissioners, to grant permission for non-agriculturists to purchase agricultural land under Section 80 of the Act.

3) since you are an agriculturist in AP you can purchase agricultural land in Karnataka

4) You can procure the certificate certifying that you belong to the family agriculturist/farmer etc.

5) children can inherit agricultural land . ) however under provisions of section 79 A (4) yiu have to intimate the tehsildar about land inherited by you , annual income of your family

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

Dear Sir/Madam,

My answer to all your questions is YES. I am expert in this field. I have prepared hundreds draft orders. The following will give you an idea, where in the the petitioner was holding agricultural land in Tamil Nadu as such proceedings against were dropped. Form more information please come to my office in Bengaluru..

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IN THE COURT OF THE ASSISTANT COMMISSIONER

Bangalore South Sub Division, Bangalore.

Present: Sri. L.C. NAGARAJA, K.A.S.,

Assistant Commissioner,

Bangalore South Sub Division,

Bangalore.

Case No. LRF (83)(A)08/2015-16

APPELLANT V/S RESPONDENTS

Government of Karnataka, 1. Sri. K. Lakshman,

Through Tahsildar S/o late Kariyaswamy.

2. Smt. L. Vinutha,

W/o K. Lakshman,

Both are R/at No. 16,

Sri. Papamma Nilaya,

4th Main, 8th Cross,

Chitho Layout, Singasandra,

Bangalore – 560068.

Preamble,

The Tahsildar, Anekal Taluk, has issued a show cause notices to respondent under section 82 of Karnataka Land Reforms Act, 1961 stating that Sri. Sri. K. Lakshman, S/o late Kariyaswamy2. Smt. L. Vinutha,W/o K. Lakshman, Both are residing at No. 16, Sri. Papamma Nilaya, 4th Main, 8th Cross, Chitho Layout, Singasandra, Bangalore – 560068, has purchased following agricultural lands in contravention of section 79 A and 79 B of Karnataka Land Reforms Act, 1961. The details of land purchased by Sri. K. Lakshman is as follows:

Sy. No. 123/5 measuring 0.10 guntas situated at Neraluru Village, Attibele Hobli, Anekal Taluk, under registered sale deed dated 18.06.2014.

The Tahsildar has initiated proceedings against the respondent in LRF/79(A)(B)/CR/34/2015-16 dated 04.07.2015 and issued a notice to respondent.

On the basis of the above proceedings initiated by Tahsildar, Anekal Taluk, this authority registered a case in LRF (83)(A)08/2015-16 and issued notice to respondent to show cause as to why action should not be initiated against him under the penal provisions of Karnataka Land Reforms Act, 1961.

In compliance with show cause notice issued by this authority, respondents submitted following documents:

1. The land possession (Patta/Chitta) in the name of 1st respondent father name.

2. The land survey document in the name of the 1st respondent’s father name.

3. The copy of encumbrance certificate issued by Darmapuri Sub-registrar from the year 01.01.1971 to 31.12.1986.

4. The copy of the encumbrance certificate issued by Darmapuri Sub-registrar from the year 01.01.1971 to 05.08.2004.

5. The copy of the Tax Paid Receipt.

6. The copy of the sale deed dated 17.04.2000 in Sy. No. 43, measuring 0-10 guntas of land Chikkatoguru Village.

7. The copy of the sale deed dated 08.04.2011 executed by K. Lakshman in favour of Sri. Krishnakumar S/o late Sampangi Naidu relating house property HSR Layout, Bangalore.

8. The copy of the sale deed dated 18.06.2014 bearing to Sy. No. 123/5 of Nerluru Village, in favour of Sri. K. Lakshman and his wife Smt. Vanitha.

9. The copy of the Income Certificate dated 31.08.2015 issued by Tahasildar, Bangalore South Taluk, relating to the family income of the respondent No. 1.

10. The copy of the Income Certificate dated 31.08.2015 issued by Tahasildar, Bangalore South Taluk, relating to the family income of the respondent No. 2.

11. The copy of the Pahani extract for the year 2015-16 relating to the land in Sy. No. 123/6, Nerluru Village.

12. The copy of the Pahani extract for the year 2015-16 relating to the land in Sy. No. 123/5, Nerluru Village.

13. The copy of the agricultural Certificate issued by Village Administrative Manyathahalli, Darmapuri Taluk and District.

14. The copy of the Pahani extract for the year 2015-16 relating to the lands in Sy. No. 43 Doddathoguru Village.

Further respondents filed objections stating as follows:

The respondents submits that, the respondents purchased agricultural land bearing Sy. No. 123/5, Nerlur Village, Attibele Hobli, Anekal Taluk, measuring in all about 0-10 guntas of land under a deed of sale dated 18.06.2014.

The respondents further submits that, the respondents is a bona fide agriculturist belonging to is an agricultural family and that the respondents is a holding total measuring of land 1.47 HAC and 50 AR of land bearing Sy. Nos. 812/11, 813/1, 813/4, 813/11, and his holding 0.99 HAS. 50, AR of land bearing in Sy. No. 818/1, 818/2, 113/1, in Manyathahalli Village, Darmapuri Taluk and District held by her family inherited the same.

The respondents further submits that, the respondents family is an a agricultural family and their main source of income is from agricultural the respondents submit that, that respondents not income tax assessee. The 1st respondent father and 2nd respondent father-in-law late Krishnaswamy acquired the total extent of land measuring 1.47 HAS and 50 AR of land was 812/11 and holding 0.99 HAS.50, AR of land bearing Sy. No. 813/1, 813/4, 813/11, 818/1, 818/2, 113/1 in Manyathahalli Village, Darmapuri Taluk and District.

The respondents further submits that, the respondents being a bona fide agriculturist by virtue of being a part of agricultural family holding agricultural land in the state of Tamil Nadu since 1971 and non-agricultural income of the respondent being a less than Rs. 1,60,000/- p.a for a period of 5 years prior to the date of acquisition of the agricultural land.

ORDER

On perusal of documents produced by respondent he has having all qualifications to purchase agricultural land. To establish that he is an agriculturist he has produced several documents which are basically indicates that the respondent and his ancestors hailing from agricultural family and having several agricultural lands in the name of his ancestors. To establish this fact the respondent produced the above listed documents. The above documents clearly establishes that respondent is entitled to purchase agricultural land as himself and his ancestors hails from agricultural family.

On careful examination of the above documents produced by respondent clearly established that he has not violated section 79 A & B Karnataka Land Reforms Act, 1961. With these observations I proceed to pass the following order.

Proceedings initiated by Tahsildar, Anekal Taluk, against respondents in case No. LRF/79(A)(B)/CR/34/2015-16 dated 04.07.2015 in respect of disputed land is hereby dropped as per documents produced by respondent and show cause notice issued by Tahsildar, Anekal Taluk, is hereby set aside. Consequently proceedings under section 79 A & B of Karnataka Land Reforms Act, 1961 in respect of Sy. No. 123/5 measuring 0.10 guntas situated at Neraluru Village, Attibele Hobli, Anekal Taluk, is hereby dropped and accordingly Tahsildar, Anekal Taluk intimated.

“If the respondent submitted any false documents before this authority or before Tahsildar, Anekal Taluk then this order shall stand cancelled without issuing any notice to respondent.”

Notify to the parties.

This order is pronounced in the open court on this, the day of 2015.

(L.C. NAGARAJA)

Assistant Commissioner

Bangalore South Sub Division

Bangalore.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Not from Karnataka sorry

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

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).

There is no problem for inheritance of agriculture land by the respective legal heirs of the

deceased agriculturist

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

My husband does not have agricultural land in karnataka. However my husband's mother has agricultural land in karnataka and Andhra pradesh. Can my husband purchase agricultural land in karnataka. Also is it required that my mother in law is required to hold agricultural land from 1973.

As per latest amendment to KLR, a non-agriculturist with an income up to Rs. 25 lakhs is eligible for purchase of agriculture land.

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

IF AN AGRICULTURIST WHO HAS AGRICULTURAL LAND DIES INTESTATE WITHOUT ANY WILL CAN HIS CHILDREN INHERIT THE AGRICULTURAL LAND OR THE PROVISIONS OF THE KARNATAKA LAND REFORMS ACT APPLY AND THE LAND WILL BE SEIZED BY THE GOVERNMENT.

As per succession act, the legal heirs can very inherit the property of the deceased owner.

There is no question of agriculture land or ordinary land because it is the law of succession or inheritance that will be applicable to this situation and not Karnataka land reforms act.

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

Dear Client,

By law of inheritance, property of whatever nature will devolve in his/her child and surviving spouse.;

AND, sec 79A(3)(4)(5) is violation of Hindu Succession Act and can be assailed in High Court if res integra.

But at present, land will transfer to Govt. on payment of amount, if annual income is more than 25 lacs. and also non agriculturist

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

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