• Procedure to buy land by a govt Employee whose family non agricultural income exceeds Rs 25 lakhs

I am a government employee and my family non agricultural income ( mine and my wife's total salary) exceeds Rs 25 lakhs. I am from a Agriculturist family but the RTC is not yet transferred to my name, though I have got share of 1.25 acres of Agricultural land. Now I want to buy agricultural land near to my village in Chamarajanagar district . What is the procedure?
Asked 4 years ago in Property Law
Religion: Hindu

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11 Answers

Actually the rule in Karnataka with purchasing agricultural land is something like this:

You need to have agrarian roots ( i.e: Family /extended family has to have documented evidence of farming)

If the above is not true, you should have an annual income less than 25 LPA to purchase agrarian land. Previously this was 5 LPA which was hiked recently to 25LPA.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

If you have share of 1.25 acres of land mutation of land should be done in your name

2) 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

3) the amendment empowers deputy commissioners of districts, instead of assistant commissioners, to grant permission for non-agriculturists to purchase agricultural land .

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Your sister can purchase agricultural land in her name as she holds land RTc land in her name

2) SECTION 79A (3) TO (6)3. Every acquisition of land otherwise than by way of inheritance or bequest incontravention 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 inheritance he shall, within ninety days from the date of acquisition, furnish tothe Tahsildar having jurisdiction over the Taluk where the land acquired or the greater part of it is situated a declaration

3) your sister has to make application to assistant commissioner for permission to gift such land . Asst commissioner may grant permission subject to condition that your father takes up agriculture within period of 1 year . if youcease doing agricultural activities within period of 5 years land may vest in Stat govt on payment of compensation

3) section 80 of karnataka land reform act bars non agriculturist from being gifted agricultural land in karnataka .

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Sir in case of agriculturalist family wherein your father owned the agricultural land the criteria of income and DC permission that is laid down in the section 79 and 80 of the karnatka land reform act doesn't applies you can get a certificate of agriculturist from the tehsildar and based on that you can purchase land.

in case the RTC is not transferred you can apply for mutation to trasnfer same land in your favour and based on that land can be purchased.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Your mother can purchase the Land and can gift you as you are from agriculture family the gift is possible further mother can hold the ownership and she can will you that property and you can inherit same.Similar is the case with sister she holds status of agriculturist and you too. See when you can yourself purchase as the background is agricultural you donot need to pay duty twice first sister/mother purchase then make gift to you instead you can purchase directly.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. IF Father is/was a agriculturist (on documents) THEN you & mother are also a born agriculturist, irrespective of any status you hold today.

2. Apply to the local Collectors office with all relevant documents of the Father's agricultural land and how you or mother are documentarily related to him, with local Gran Panchayat's certificate stating that how you are related to Father. Based on this you will be able to buy agricultural land anywhere in your State. No permission is required from the Govt. Dept., you work in.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Anyone with non-agriculture income over Rs 25 lakh is barred from purchasing agriculture land in Karnataka. The limit of Rs 2 lakh was increased to Rs 25 lakh in the Karnataka Land Reforms Act, 1961 in 2015.

So, you should get the agricultural land registered in the name of your mother and sister.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

You can by the property in the name of your mother and she can gift you the set property by way of a gift or relinquishment deed for which will have to pay stamp duty.

Alternately, she can also draw a will in your favour in regards to the said property, for which do not have to pay stamp duty at all.

. The same can be done in case of your sister but the option of will could not be feasible in case of your sister.

The best option how you would be to register the property in your mother's name and get a will executed, which would save a lot of money in the form of stamp duty.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

If you are from an agricultural background then this restriction will not be applicable to you.

You may purchase land to the extent of land ceiling rules of the state government in this regard.

You can proceed provided you obtain proper legal opinion.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Whether your mother purchases and transfers it by executing a registered gift deed or your sister does it or you purchase it directly based on your agricultural background, it will not be a matter of concern.

You may decide whichever is convenient and feasible.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Dear Sir,

You have satisfied all the conditions as your ancestors belongs to agricultural family and your family income is less than 25 lakhs. Go ahead to purchase the land nothing will happen.

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

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

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