Dear Lawyers, I want to purchase agricultural land in Karnataka, below is my scenario. Please guide me if i am eligible to purchase agricultural land. 1. My wife and me both are working in IT industry and combined earning will exceed 25L per annum. 2. Individual earning is below 20L each. 3. My wife has her name in the Phani which is ancestors property. 4. Can she take the agricultural land in Karnataka? 5. Income proof requires both of us to show the income certificate or only she can show? Please guide me if i am eligible to purchase the land.
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Dear Client,
As per sec 79a of the act, land cannot be purchased in joint ownership or in the name of family as exceed income limits.
It can be purchased in individual name,either wife or husband.
Wife cannot hold more than 10 units.
Whoever will purchase have to show income proof. ITR.
Thanks for the Answer. Just to summarize, In my above scenario, My wife can still go and purchase the land as her income is less than 25L per annum irrespective of my income and the proof of income will be her's alone. Just to avoid confusion - I am not talking about joint ownership here nor purchasing land in the name of family. Please clarify.
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)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 twenty five lkhs for five consecutive years shall be deemed to have an average annual income of not less than rupees twenty five lakhs from sources other than agricultural lands.
2) section 79(2) (i) says "the aggregate income of all the members of a family or a joint family from source other than agricultural land shall be deemed to be income of the family or joint family, as the case may be, from such source".
3) since combined income is more than Rs 25 lakhs she cannot purchased agricultural land
SECTION 2[(12)
"Family"means,
(a) in the case of an individual who has a spouse or spouses, such individual, the spouse or spouses and their minor sons and unmarried daughters, if any;(b) in the case of an individual who has no spouse, such individual and his or her minor sons and unmarried daughters;(c) in the case of an individual who is a divorced person and who has not remarried, such individual and his minor sonsand unmarried daughters, whether in his custody or not; and(d) where an individual and his or her spouse are both dead, their minor sons and unmarried daughters;]
Dear Sir,
Sometimes some questions cannot be answered in writing. Only oral suggestions can be given. Similar is in the scenario put forth by you. However the following conditions known to you are to be satisfied. But during oral legal counseling I can suggest how you can override the difficult situation and purchase the agricultural land. As you know the word “family” includes husband and wife. We must read the provisions between the lines and get benefit out of it. The law is as follows:
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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.
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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.
If your wife proves that she belongs to the agricultural family then she may buy the same without bothering about the limitation of income.
In fact if her individual income is less than 25 lakhs then there should not be any problem in that respect.
