• Owning agriculture land in Tamil Nadu

Is there a limitation on the acreage that an individual can own?

Is there a limitation on the acreage that a company or a LLP structure can own?


What is the advantage /disadvantage of the above choices?
Asked 7 years ago in Property Law
Religion: Hindu

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9 Answers

You are at liberty to purchase agricultural land

2)in Tamil Nadu, there is no restriction for Purchase of any Agricultural land by resident indian . 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. Additional five acres is allowed for every member of the family, but all put together the maximum a family can own cannot exceed 30 standard acres.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

FAMILY

Family consisting of not more than 5 members

2) Under this Act, Companies can hold up to 30 standard acres of agricultural land.

3) In case the Company buys agricutural land in excess of the 30 standard acre ceiling limit, it can obtain exemption from the ceiling under S.37-A of the Act

4) SECTION 37-A

GRANT OF PERMISSION TO INDUSTRIAL or COMMERCIAL UNDERTAKINGS TO ACQUIRE or HOLD LAND ACQUIRED IN EXCESS OF CEILING

Permission under section 37-A of the Act to be obtained from the Government. Application is to be filed in Form 36 prescribed under the rules

The High Court in the year 2002 held - prior permission for purchasing the lands is mandatory

Amendment Act 23 of 2010 passed for permitting those who had purchased the excess land without approval to obtain Government permission

Application within 180 days to hold any land acquired in excess of the ceiling area purchased before 25.11.2010, and within 180 days from the date of purchase of lands acquired after 25.11.2010

The following documents should be produced:-

i) Certificate of Incorporation and MoA

ii) Project report

iii) Patta or chitta copy or sale deed document copy

iv) Annual Reports of the company for last 3 years

v) Survey No.-wise land details both within ceiling limit and excess covered u/s 37-A of the Act

vi) Copies of licenses / permisioncertificates issued by the concerned authorities for the project

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Client,

There is no restriction for Purchase of any Agricultural land by resident Indian. The provision of Land Reforms Act states that a family with five members can maximum own 15 standard acres of agricultural land. Additional 5 standard acre for every member excess of 5, over all ceiling 30 standard acres.

ADDITIONALLY STRIDHANA LAND -

Female members holding land on the date of commencement of the Act -10 Standard Acres

Industrial / Commercial undertaking - 15 standard acres

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

As per Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth Amendment Act, 1972 (Tamil Nadu Act 39/72), 30 standard acres of land is the maximum extent of land that a family can hold in the State.

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.

ceiling for Companies Industrial / Commercial undertaking 15 standard acres

c) Public Trusts CRUCIAL DATE : [deleted]

Religious Exempted

Charitable 5 standard acres

Hospital As per norms

Educational As per norms

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Family means family consisting of five members

The individual ownership and the ownership by a company is different, you may go through my previous post in this regard.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Firslty, before when the Zamindaari system was there, no limitation as such to hold the number of acres of land.

Secondly, but, after the abolition of the same, there has been a limitation differently for different states.

Thirdly, the main purpose was to stop the misuse of the labour and the land.

Fourthly, now, as per the new law in your state it has been fixed not more than 30 acres for one family.

Fifthly, meaning if family is one household living in together irrespective of the number of people.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Hi,

The company having more capital may have more purchasing capacity to that of a family.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

If you already have the land then there is no ceiling

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

The maximum extent of land that can be purchased is 59.95 acres

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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