• How to know details of ancestral agriculture land

Hi,
I am planning to buy some agricultural land. My grandmother (father's mother) had some agricultural land in her name before it was sold to someone else. I want to know:-
1. Can I buy agricultural land because my grandmother owned the land sometime back? Does this satisfy the required eligibility?
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?

I am from Karnataka and the land also was in Karnataka. Please advice.
Asked 4 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

10 Answers

1. No since you are not agriculturist yourself neither you get property in inheritance you cannot buy agriculture land in Karnataka on basis of your grand mother having property.

2. You can search land records online of the vilage the property is situated or you have to get certified copies from the revenue office.

3. Further to buy agriculture land you need to satisfy condition of having family income less then 25 lakh and has to take permission from Deputy collector.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Take search in sub registrar office and obtain copy of regd sale deed

2) if records are not computerised you have to do manual search . Online details woukd not be available

3) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

1. It appears that you want to acquire agricultural land now claiming that you belong to agricultural family since your grandfather held agricultural property some time back which he has sold.

2. After selling of the agricultural land by your grandfather, was you or your family members like father or grandfather involved with the act of cultivation?

3. As per law prevailing in Karnataka, only an agriculturist having income from non-agricultural source of less than Rs.2 lakhs can buy agricultural land.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

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:

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

(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.

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

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.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1) Sir it is true the section of Karnataka land reform act and ceiling limit does not apply on the plantation land as it comes under commercial activity not agriculture. So you donot need to be a agriculturist to buy a commercial land.

2. See if your going for plantation land you can buy it yourself further for the agricultural land family income that is wife and yours is considered to so you wont be able to buy in name of wife. For father check the income and permission need to be obtained for the agricultural land.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) The land having plantation crops does not comes under ceiling limits(section 63 &64), that land has no application of section 79A and 79B of land reforms act.

2) Section 104 of Karnataka land reforms act specifically says the ceiling limit does not apply to plantation crops. There is an exception to this if a person along withplantation crops land holds other agricultural lands then to calculate the ceilinglimit the land held by such person exceeding such permissible limit as determinedby prescribed authority as necessary for the protection and efficient management of such cultivation within boundaries of plantation land would be taken into account

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

1. The land having plantation crops does not come under ceiling limits(section 63 & 64), that land has no application of section 79A and 79B of land reforms act. That is even non agriculturist or any one can buy land having plantations crop.

2. However, you shall have to avail certificate from the appropriate authority that the land you are planning to purchase is for plantation and is out of the purview of the law related to agricultural land.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. Can I buy agricultural land because my grandmother owned the land sometime back? Does this satisfy the required eligibility?

You can procure documentary evidences to this effect and make a claim accordingly.

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?

You can visit the particular village Revenue officer where the property was situated.

He/she would be able to guide you and help you with the proper details

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

1. Your understanding is right, this wont come under the restrictions laid down under the sections of law you mentioned.

2. The income limit will be of the whole family income if your parents are staying with you.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Dear Sir,

My answers are as follows. Answer to first question is yes but you must have been registered under Coffee Act. answer to second question is now the limit is enhanced to Rs.25 lakhs. In either case your family members must satisfy all the three conditions. The law is as follows. The relevant citation may kindly be perused.

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

BETWEEN:

1. SRI KUMARAN CHILDREN'S HOME

EDUCATIONAL COUNCIL -

A SOCIETY REGISTERED UNDER THE

PROVISIONS OF THE KARNATAKA

SOCIETIES REGISTRATION ACT,

HAVING ITS OFFICE AT VI-A MAIN,

TATA SILK FARM, BASAVANAGUDI,

BANGALORE - 560 004.

REPRESENTED BY ITS SECRETARY:-

MRS.MEENAKSHI BALAKRISHNAN.

2. MRS. MEENAKSHI BALAKRISHNAN

W/O. LATE SRI G.S.BALAKRISHNAN,

NO.56/9, VI MAIN,

TATA SILK FARM, BASAVANAGUDI,

BANGALORE - 560 004.

...APPELLANTS

(BY SRI VIVEK HOLLA FOR M/S HOLLA & HOLLA)

AND:

1. THE STATE OF KARNATAKA

REPRESENTED BY

REVENUE SECRETARY,

Karnataka High Court

Sri Kumaran Childrens Home vs The State Of Karnataka on 1 December, 2014

7. Firstly, the appellants are trying to take shelter under the premise that, in view of Section 104 of the Act, the provisions of Sections 64, 79A, 79B and 80 of the Act are not applicable to the lands in question since they are coffee lands and Section 104 reads as under:

"104. Plantations: The provisions of section 38, section 63 other than sub-section (9) thereof, Ss.64, 79A, 79B & 80, shall not apply to plantations.

Explanation: In this section 'Plantation' means land used by a person principally for the cultivation of plantation crop and includes,-

(i) any land used by such

person for any purpose

ancillary to the cultivation of

such crop or for preparation

of the same for the market;

and

(ii) agricultural land

interspersed within the

boundaries of the area

cultivated with such crop by

such person.

not exceeding such extent as may be

determined by the prescribed authority as necessary for the protection and efficient management of such cultivation".

But the benefit of Section 104 of the Act is not available to the Society for the simple reason that the Society is not registered as an owner under the provisions of Coffee Act. It is the mandate of Section 14 of Coffee Act, that an owner of the coffee plantation shall get registered his Coffee estate with the State Government in respect of the estate owned by him. The said provision reads thus:

"Section 14 of the Coffee Act reads as follows:

14. Registration of owners of coffee estates: [(1) Every owner of land planted with coffee plants, whether such land is comprised in one estate or in more than one estate and whether it is situated wholly or only partly in India, shall, before the expiration of the month from the date on which he first became owner of such estate or estates, apply to the registering officer appointed in this behalf by the State Government to be registered as an owner in respect of each estate owned by him; and any registration made before the commencement of the Coffee (Amendment) Act, 1961 (48 of 1961), shall be deemed to have been made under this sub-section].

(3) A registration once made shall continue in force until it is cancelled by the registering officer."

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

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.

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

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.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer