• what is the minimum land holding required to be considered as a farmer in the state of gujarat ?

This query pertains to revenue law/agricultural land related law in the state of GUJARAT.
we (already farmer in government records) have purchased 3 acre of agricultural land from a farmer. He has sold his entire agricultural land to us. However, he is requesting that in sale deed of the land, do sale deed of 95 % of land and keep 5 % land in his name so that in future, if he wants to buy agricultural land than he can buy. He is ready to do a separate deed for 5 % land relinquishing all his rights on land. His only purpose is he wants to remain as farmer in records of land/revenue of the state of GUJARAT to buy agricultural land in future.

My question is: 
Is such partial sale-deed of 95% of land or any % of land possible for agricultural land in the state of GUJARAT and what is the minimum amount of agricultural land holding required to be considered/recognized as a farmer in land/revenue records of state of Gujarat so that in future, one can buy agricultural land. ? Also, is a separate relinquishing deed or settlement deed valid for remaining 5% land ?
Asked 4 years ago in Property Law
Religion: Hindu

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5 Answers

Dear Client,

Minimum land holding is unsettle but person engaged in agriculture activity and holding agriculture land considers as farmer. Due to bar on fragmentation of agriculture land, so holding assume to complete agriculture land recorded in revenue record except joint ownership, family property/partition etc where holding can be distributive in single piece of land.

95% through sale deed and rest 5 % through relinquishment deed is fine procedure, less stamp duty on rest 5%.

But Release deed too require compulsory registration, otherwise not effective.

If you will go through above procedure,than u r saying, u will get the mutation up to 95% and rest will in the name of previous owner ???

And on this equation, anytime he claim status of farmer, amounts to criminal act and so your criminal liability u/s 120B of IPC.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Deed of relinquishment has to be duly stamped and registered to be admissible in evidence

It is necessary that there should be agricultural land in name of farmer to buy agricultural land in Gujarat

As far as minimum area of land in Gujarat is concerned local lawyer can guide you

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

There is no minimum amount prescribed under the law for an agriculturist any holder with such small holing is called as "small holder" means an agriculturist cultivating less than 14[one sixteenth]of the ceiling area and who earns his livelihood principally by agriculture or by agricultural labour.

The land ceiling act prescribe the maximum limit a person can hold.

yes it can be possible the seller can sell 2.8 ac land.

But the problem is for rest of area he wll make a relinquish deed that also need to be registered if not registered then he can create a problem in future for you and on registration he doesn't again have any right. So either he has to keep that portion of land or has to sell it completely,

Making a separate deed does not serve purpose as in case if that is not registered he can draw you in litigation and can waste time if registered your name shall be mutated in the land records.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If the vendor is requesting to allow him to retain 5% of the land on his name, then you may buy only 95% of his property and leave out 5% without buying it.

Why do you worry about his future problems, let him solve it out with 5% or even without it.

You can pay only for the property you purchase and get a registered sale deed executed to that extent alone.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Dear Sir,

I am unaware of Gujurat local laws.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

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