• Purchase agricultural land in other states as a farmer

Hi Experts
I want to buy agriculture land in Karnataka.But due to Land Reform Act 79.I can not buy land in Karnataka.Since I am tax payer.But somebody suggested me that.I can buy land in Tamil Nadu.There anybody can buy agriculture land.Suppose if I buy a land in Tamil Nadu.Based on that can I buy land in Karnataka.
Need your opinion on the same.
Asked 1 year ago in Property Law from BANGLORE, Karnataka
Religion: Hindu
The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (Tamil Nadu Act 58/61) was enacted with a view to reduce the disparity in the ownership of the agricultural land and concentration of such land with certain persons and to distribute such land among the landless poor.
The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 came into effect on the 6th day of April, 1960, wherein the ceiling area for a family consisting of five members had been fixed as 30 standard acres. For every additional member of the family consisting of more than five members, an additional extent of 5 standard acres was allowed in addition to the ceiling area of 30 standard acres, subject to the overall ceiling of 60 standard acres. As on the date of the commencement of the Act (i.e.) 6.4.60, any female member of the family having lands in her own name, will be entitled to hold stridhana property upto a ceiling of 10 standard acres. The notified date of the said Act was 02.10.1962. The reference date for holding of land was as on 06.04.1960.
With a view to increase the number of beneficiaries by acquisition of the agricultural lands held by the big landowners in excess of the ceiling area and for the distribution of such lands to the landless and other rural poor, reduction of ceiling on land was introduced in the year 1970, by amending the Parent Act, by the Act 17/70 to the effect that the ceiling area fixed earlier at 30 standard acres has been reduced to 15 standard acres. The notified date of the Act was 02.10.1970. The reference date for holding of land was as on 15.02.1970.
It may be seen from the Parent Act, that exemptions were granted under the Principal Act for the lands grown with sugarcane and the lands used exclusively for grazing purposes. With a view to achieve the object of distribution of ceiling surplus lands to the landless and rural poor, the exemption granted under the Principal Act (Tamil Nadu Act 58/61) for lands grown with sugarcane and grazing lands were ordered to be withdrawn by amended Act, 41/71 with effect from 15.01.1972.               
The overall ceiling area of 60 standard acres, as fixed under the Parent Act, 58/61 has been refixed at 40 standard acres through an amended Act called the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1971 (Tamil Nadu Act 20/72). This Act also came into effect from 01.03.1972.
Subsequently, by another amended Act, viz., Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth Amendment Act, 1972 (Tamil Nadu Act 39/72), the overall ceiling limit was further reduced from 40 standard acres to 30 standard acres. This Act also came into effect on the 1st day of March 1972. Even though the Trusts were not attracted by the provisions of the Parent Act, 58/61, ceiling limit has been fixed for the Trusts through Tamil Nadu Land Reforms(Fixation of Ceiling on Land) Third Amendment Act, 1971 (Tamil Nadu Act 37/72) according to the character of the Trusts. To sum up, as on date, 30 standard acres of land is the maximum extent of land that a family can hold in the State.
 
Ceiling Area
    As per Principal Act
PERSON / FAMILY
 
Family consisting of not more than 5 members
30 standard acres
For each additional member
  5 standard acres
Overall ceiling area
40 standard acres
ADDITIONALLY STRIDHANA LAND
 
Female members holding land on the date of commencement of the Act
10 Standard Acres
          
    As per Amended Act
           ( Currently Applicable )
 
a) Person or Family
Family consisting of not more than 5 members
15 standard acres
For each additional member
5 standard acres
Overall ceiling area
30 standard acres
ADDITIONALLY STRIDHANA LAND
Female members holding land on the date of commencement of the Act
10 Standard Acres
b) Companies
Industrial / Commercial undertaking
15 standard acres
c) Public Trusts
CRUCIAL DATE : 01-03-1972
Religious
Exempted
Charitable
5 standard acres
Hospital
As per norms
Educational
As per norms
 
 
The Land Reforms Act also provides certain exemption and exclusion while determining the holdings of the land owner as below:-
Exemption
Section 73 (vi) all plantations in existence on the date of the commencement of the Act
provided that such plantations shall be exempted only so long as they continue to be plantations.
Section 73 (vii) lands converted on or before the 1st day of July 1959 into orchards or topes or arecanut gardens, whether or not such lands are contiguous or scattered.
provided that such lands shall be exempted only so long as they continue to be orchards, topes and arecanut gardens.
Section 73 (viii) any land used exclusively for growing fuel trees on the date of commencement of the Act.
provided that such land shall be exempted only so long as such land is used for such purpose.
 Exclusion
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1) in many states in india you have to be an agriculturist to buy agricultural land . 

2)In Tamil Nadu, there is no restriction for Purchase of any Agricultural land. Anyone can Purchase an Agricultural land.  The provision of Land Reforms Act states that a family with five members can maximum own 15 standard acres of agricultural land. 

3) for purchase of agricultural land in karnataka The annual average income of the person including agricultural income should be less than Rs 2 lakhs.


4) The person should be an agriculturist or an agricultural worker by profession.

5) you wont be able to purchase agricultural land in karnataka as you are not   an
agriculturist by profession and you dont satisfy the income limit 
Ajay Sethi
Advocate, Mumbai
23173 Answers
1217 Consultations
5.0 on 5.0
no you would not be able to buy agricultural land in karnatka for the reason that The person must have had an agricultural land in his name before the year 1974.
Ajay Sethi
Advocate, Mumbai
23173 Answers
1217 Consultations
5.0 on 5.0
Hi, as per the provisions of the Karnataka Land Reforms act if the in come of the family not exceeds 2 lacks other than non agricultural source then you will not entitled to buy a  agricultural land in Karnataka.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
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. That is even non agriculturist or any one can buy land having plantations crop. 

as per newspaper reports Minister for Revenue V. Srinivas Prasad on Thursday informed the Legislative Council in Februray 2014 that effective steps would be taken to prevent non-agriculturists from buying plantation lands in violation of the provisions of the Karnataka Land Reforms Act.
Ajay Sethi
Advocate, Mumbai
23173 Answers
1217 Consultations
5.0 on 5.0
Same rules applicable as stated above in respect of coffee estate.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. No. For buying agricultural land in Karnataka, you shall have to be a farmer/agriculturist,

2. Your annual income also should be with in Rs.2 Lakhs.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
1. No. You shall have to produce a certificate that you are an agriculturist by birth,

2. Buying agricultural land in Tamil Nadu does not make you eligible to buy agricultural land im Karnataka.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
You can buy a coffee plantation estate in karnataka.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
1. Buying land in Tamil Nadu will not entitle you to buy the land in Karnataka. If you want to buy land in Karnataka then it can be done only in accordance with the law prevailing in the state of Karnataka. 

2. Being an agriculturist in Tamil Nadu does not make you an agriculturist in Karnataka. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
The bar will not be applicable for buying Plantation Crops such as Coffee. Even a non- agriculturist or any one can buy land having plantations crop.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
A. If you want to purchase agricultural land in Karnataka, you must be agriculturist and your income shall not exceed more than 2 Lakh.

B. Being an agriculturist in Tamil Nadu, you cannot buy an agricultural land in Karnataka because of you or your ancestor must be an agriculturist before 1974.

C. You can purchase plantation crop i.e, Coffee estate in Karnataka.
B.T. Ravi
Advocate, Bangalore
736 Answers
29 Consultations
5.0 on 5.0

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