• Buying agricultural land in Karnataka

Hello,

I want to buy around 20 acres agricultural land in hassan Karnataka. I am currently running my own business and filling ITR in excess of 10 lacs per annum and I do not own any agricultural land. However my father owns a small area of agricultural land passed on to him from his fathers family but he is not involved in any agricultural activity.
Now can I use his document to purchase this agricultural land. Also my grand farther ( mother’s father) is an farmer, is it possible for him to gift me 2 acres agricultural land and then I use those documents to purchase desired agricultural land

Thanks
Swamy
Asked 4 years ago in Property Law
Religion: Hindu

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10 Answers

See in Karnataka there are two ways to by land either you are agriculturist then you can simple buy agriculture land upto the ceiling limit if non agriculturist then you have to buy land by provision of 79 A and 80 as amended in Karnatka land Reform Act under this any person who is non agriculturist having family income less than 25 lack can with permission from deputy commissioner can buy the agriculture land.

Now in your case in my advise you should apply for any agriculturist certificate from the revenue office as your father has agricultural inherited land from ancestors it can be shown he is involved in agriculture through land labourers and you are involved to as it is joint family.

As in case the certificate in worst scenerio is not granted seek permission from the deputy commissioner for buying agriculture land and have to give your returns of family that is your wife and yours showing you have family income less than 25 lakh the permission shall be granted. Also the agricultural land can be purchased only for intention to carry out agricultural activity.

Further check the ceiling limit according to the land you have got as the ceiling limit under Karnataka land ceiling act is for A class land 10 arces and for D class 54 Acers in best of my knowledge.

Also contact a local lawyer he shall prepare the required documents for the certificate.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) 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) you can check with the Tehsildar whether you can purchase agricultural land if your father is an agriculturist

4) your grandfather can execute gift deed in your favour

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

No your proposal is wrong. Pl read section 79.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Dear Client,

Non agriculturist can buy agriculture land whose annual income is not more than 25 lacs.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Yes the grand father can through a family settlement deed or gift give you agricultural land as your family is already engaged in agriculture indirectly and you can be deemed as agriculturist but to remind you under section 80 gift of land to non agriculturist is not possible so it is better in my opinion to first take certificate from the sub registrar of an agriculturist then proceed.

80. Transfers to non-agriculturists barred.—1

[(1)]1

(a) No sale

(including sales in execution of a decree of a civil court or for recovery of

arrears of land revenue or for sums recoverable as arrears of land revenue),

gift or exchange or lease of any land or interest therein, or

(b) no mortgage of any land or interest therein, in which the

possession of the mortgaged property is delivered to the mortgagee, shall

be 2

[lawful]2

in favour of a person,—

(i) who is not an agriculturist, or

(ii) who being an agriculturist holds as owner or tenant or partly as

owner and partly as tenant land which exceeds the limits specified in section

63 or 64; or

3

[(iii) who is not an agricultural labourer; or

(iv) who is disentitled under section 79A or section 79B to acquire or

hold any land:]3

Provided that the Assistant Commissioner having jurisdiction over the

area or any officer not below the rank of an Assistant Commissioner

authorised by the State Government in this behalf in respect of any area

may grant permission for such sale, gift, or exchange, 3

[to enable a person

other than a person disentitled to acquire or hold land under section 79A or

section 79B]3 who bona fide intend taking up agriculture to acquire land on

such conditions as may be prescribed in addition to the following conditions,

namely:—

(i) that the transferee takes up agriculture within one year from the

date of acquisition of land, and

(ii) that if the transferee gives up agriculture within five years, the land

shall vest in the State Government subject to payment to him of an amount

equal to eight times the net annual income of the land or where the land has

been purchased, the price paid for the land, if such price is less than eight

times the net annual income of the land.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

SECTION 79A (3) TO (6)3. Every acquisition of land otherwise than by way of inheritance or bequest incontravention of this section shall be null and void.4. Where a person acquires land in contravention of sub-section (1) or acquires it by bequest or inheritance he shall, within ninety days from the date of acquisition, furnish tothe Tahsildar having jurisdiction over the Taluk where the land acquired or the greater part of it is situated a declaration

2) your grand father has to make application to assistant commissioner for permission to gift such land . Asst commissioner may grant permission subject to condition that you takes up agriculture within period of 1 year . if you cease doing agricultural activities within period of 5 years land may vest in Stat govt on payment of compensation

3) section 80 of karnataka land reform act bars non agriculturist from being gifted agricultural land in karnataka .

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

1) Yes on your father's documents base you can purchase agricultural land in Karnataka State.

2) Once you are born in the farmer's family than you can purchase it whether its gift or inherited property that won't make any difference.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Since your father is owingin agriculture land, you can be considered as a member of the agriculture family.

Moreover your grandfather is an agriculturist and is intending to transfer 2 acres of land by executing a registered gift deed, this will entitle you with the title of an agriculturist or will enable you to buy agricultural landed property as per law.

As a matter of fact as per latest amendments, even a non-agriculturist can buy agricultural land.

The Karnataka Land Reforms (Amendment) Bill, 2015, which was passed by the state legislature on Friday, raises the annual income limit for acquiring land by persons not engaged in agriculture from Rs 2 lakh to Rs 25 lakh.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

I have one more doubt.

If my grand father gifts me agricultural land, will I not become farmer automatically? and can I further use this gifted land to show that I am farming and purchase the land I want.

Yes, this is an additional proof to prove that you belong to agriculture family.

Since you own an agriculture land,you can buy agricultural landed property in Karnataka, provided you comply with the other formalities as envisaged in law for the purpose.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

No, all those issues covered under section 79. You cannot be considered as agriculturist. Yup may purchase some land in AP and declare that you are agriculturist

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

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