Dear Sir,
My answers are as follows:
1. Can I buy agricultural land because my grandmother owned the land sometime back? Does this satisfy the required eligibility?
Ans: No, you must again satisfy all the three conditions because in most of the cases the revenue department ask the purchaser to get certificate as required from the Assistant Commissioner/Deputy Commissioner.
2. I only have a rough idea about the area in which the land was present and don't have any other documents. How do I go about retrieving property details? Is it possible to do it online or should I meet govt officials in that district?
Ans: On line data is available only when you have details like survey number, village name etc., It is better approach the concerned village accountant.
The law is as follows:
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(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. 25, 00,000/- per annum and
(iii) That he is having source of income to purchase above agricultural land.
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2
[79A. Acquisition of land by certain persons prohibited.—(1) On and
from the commencement of the 3
[the Karnataka Land Reforms
96 Land Reforms [1962: KAR. ACT 10
(Amendment) Act, 1995]3
, no person who or a family or a joint family which
has an assured annual income of not less than rupees 3
[two lakhs]3
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.
1. Inserted by Act 1 of 1974 w.e.f. 1.3.1974.
2. Section 79A, 79B and 79C inserted by Act 1 of 1974 w.e.f. 1.3.1974.
3. Substituted by Act 31 of 1995 w.e.f. 20.10.1995.
(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 1
[two lakhs]1
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 rupees 1
[two lakhs]1
from
such sources during a period of five consecutive years preceding such day.
Explanation.—A person who or a family or a joint family which has been
assessed to income tax under the Income Tax Act, 1961 (Central Act 43 of
1961) on an yearly total income of not less than rupees 1
[two lakhs]1
for five
consecutive years shall be deemed to have an average annual income of
not less than rupees 1
[25 lakhs]1
from sources other than agricultural lands.
1. Substituted by Act 31 of 1995 w.e.f. 20.10.1995.
(3) Every acquisition of land otherwise than by way of inheritance or
bequest in contravention 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 inheritence he shall, within ninety days from the
date of acquisition, furnish to the Tahsildar having jurisdiction over the Taluk
where the land acquired or the greater part of it is situated a declaration
containing the following particulars, namely:—
(i) particulars of all lands;
(ii) the average annual income of himself or the family;
(iii) such other particulars as may be prescribed.
(5) The Tahsildar shall, on receipt of the declaration under sub-section
(4) and after such enquiry as may be prescribed send a statement
containing the prescribed particulars relating to such land to the Deputy
1962: KAR. ACT 10] Land Reforms 97
Commissioner who shall, by notification, declare that with effect from such
date as may be specified in the notification, such land shall stand
transferred to and vest in the State Government without further assurance
free from all encumbrances. From the date specified in such notification the
Deputy Commissioner may take possession of such land in such manner as
may be prescribed.
(6) For the land vesting in the State Government under sub-section (5),
where the acquisition of the land was by bequest or inheritance, an amount
as specified in section 72 shall be paid and where the acquisition was
otherwise than by bequest or inheritance, 1
[no amount]1 shall be paid.
1. Substituted by Act 1 of 1979 w.e.f. 1.3.1974.
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.
(2) Every such institution, society, trust, company, association, body or
co-operative society,—
(a) which holds lands on the date of commencement of the
Amendment Act and which is disentitled to hold lands under sub-section (1),
shall, within ninety days from the said date, furnish to the Tahsildar within
whose jurisdiction the greater part of such land is situated a declaration
containing the particulars of such land and such other particulars as may
prescribed; and
(b) which acquires such land after the said date shall also furnish a
similar declaration within the prescribed period.
98 Land Reforms [1962: KAR. ACT 10
(3) The Tahsildar shall, on receipt of the declaration under sub-section
(2) and after such enquiry as may be prescribed, send a statement
containing the prescribed particulars relating to such land to the Deputy
Commissioner who shall, by notification, declare that such land shall vest in
the State Government free from all encumbrances and take possession
thereof in the prescribed manner.
(4) In respect of the land vesting in the State Government under this
section an amount as specified in section 72 shall be paid.
Explanation.—For purposes of this section it shall be presumed that a
land is held by an institution, trust, company, association or body where it is
held by an individual on its behalf.