See in my humble view she is part of agriculturalist family and involved in agriculture activities so she can get a agricultural family member certificate form rhe tehsildar.

If the family is involved in agriculture then there is no violation as the lady can be treated as agriculturist. Further to afirm the view an agriculturist/ agricultural family member certificate can be obtained from the tehsildar.

Any person who does not own agricultural land in Karnataka is a non-agriculturist.

2) merely because your husband is an agriculturist does not entitle you to buy agricultural land in your name

3) ought to have approached assistant commissioners, to grant permission to purchase agricultural land under Section 80 of the Act.

Dear Sir,

The mother is the member of HUF (Hindu Undevided Family). The income issue is correct. The issue belonging to the family of agriculturist as on 1.4.1974 to be satisfied, if it is satisfied the purchase is o.k.

Agricultural land can be bought in Karnataka after fulfilling certain requirements.

These include:

The annual average income of the person including agricultural income should be less than Rs 25 lakhs.

The person must have had an agricultural land in his name before the year 1974. The person should be an agriculturist or an agricultural worker by profession.

As per Section 79A of the Karnataka Land Reforms Act 1961, the non-agricultural income of a purchaser who must be an agriculturist should not exceed Rs 25 lakhs per year. Sale of land granted to members of scheduled caste and tribe is not allowed. Also, sale of land granted by the government is not allowed for a period of 15 years. Agricultural land can be used only for agricultural purposes and no other purposes. Utilising agricultural land for any other purpose is prohibited by law. Agricultural land, which does not come under the Green Belt, can be converted for non-agricultural purposes like residential, commercial, industrial etc, subject to the approval of the Special Deputy Commissioner on payment of the prescribed fees and subject to certain conditions.

Dear Sir,

You must satisfy the following conditions, if not then you must get a certificate showing you are agricultural labor. The later is easy because even Amithab Bachan taken such certificate to legalize his purchase of agricultural fields that is coffee estates.

(i) That he is coming from agricultural family and holding agricultural lands as on prescribed date i.e., 01.03.1974.

(ii) That his individual income is less than Rs. 2,00,000/- per annum and

(iii) That he is having source of income to purchase above agricultural land.

Agricultural land can be bought in Karnataka after fulfilling certain requirements.

These include:

The annual average income of the person including agricultural income should be less than Rs 25 lakhs.

The person must have had an agricultural land in his name before the year 1974. The person should be an agriculturist or an agricultural worker by profession.

As per Section 79A of the Karnataka Land Reforms Act 1961, the non-agricultural income of a purchaser who must be an agriculturist should not exceed Rs 25 lakhs per year.

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KARNATAKA LAND REFORMS ACT 1961

RESTRICTIONS ON 1

[HOLDING OR]

TRANSFER OF AGRICULTURAL LANDS

[79A. Acquisition of land by certain persons prohibited.—(1) On and

from the commencement of the 3

[the Karnataka 4

[Land Reforms

(Amendment) Act, 2015]4

]

, no person who or a family or a joint family which

has an assured annual income of not less than rupees 4

[[twenty fivelakhs 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.

=========================================================================

79B. Prohibition of holding agricultural land by certain persons.—(1)

With effect on and from the date of commencement of the Amendment Act,

except as otherwise provided in this Act,—

(a) no person other than a person cultivating land personally shall be

entitled to hold land; and

(b) it shall not be lawful for,-

(i) an educational, religious or charitable institution or society or

trust, other than an institution or society or trust referred to in subsection

(7) of section 63, capable of holding property;

(ii) a company;

(iii) an association or other body of individuals not being a joint family,

whether incorporated or not; or

(iv) a co-operative society other than a co-operative farm,

to hold any land.

Dear Client,

To adjudge total income is not as per say of family income but person income not more than 25 lacs per annum.

No violation.

A. To purchase Agricultural Land in Karnataka, buyer or their family member must be an agriculturist and their income shall not exceed more than 25 Lakh other than agricultural income as per the Land Reforms Act.

B. In your case, since spouse being an agriculturist background and her income has not exceeded more than 25 Lakh that she may not have been violated the Land Reforms Act. However, you should think as to whether she acquired the land beyond the ceiling limit or not? which means Government has fixed certain limit to purchase agricultural land on every individual person. And no approval from DC and AC is required if a person is eligible to buy agricultural land in the eyes of Land Reforms Act, which means agricultural background and present the buyer or family member shall be an agriculturist and income shall not exceed more than 25 Lakh as per the new amendment.

C. Provided, Government may register complaint and issue notice to the agriculturist if the son or family income is exceeding more than 25 Lakh from the other than agricultural income and the buyer has not satisfied the requirement of land reforms act.

Since the latest amendment in the Karnataka land reforms act do not warrant the condition that only an agriculturist has to buy agricultural land in Karnataka, she can go ahead with the purchase.

This is my response to you:

1. Under Section 79 A of the Act prohibits purchase of agricultural land by any person or family who have annual income of more than Rs 25 lakhs from non agricultural sources (if her son is involved in non-agricultural activities);

2. The Act 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. Section 80 regulates the purchase;

3. It is not necessary that, the spouse is agriculturist, she should have the agriculturist certificate;

4. Therefore she should obtain the certificate from the tehsildar's office.