• Purchase of Agricultural land in Uttarakhand in 2018

I am not from Uttarakhand, but wish to purchase an agricultural plot of size 4.9 bighas for purely residential and farming purposes. I have two questions:
1. What is the latest status of the UK HC ruling which allowed any citizen of India to purchase up to 12.5 acres of agricultural land in UK? Is the SC stay still in force?

2. Someone I know is suggesting that the said land can be purchased on his name (he is a naturalised UK domicile) and he will immediately pledge the property in my name on legal paper so that it can be transferred later. Is this a viable/advisable method if trust is not a hinderance?

Thank you
Asked 4 years ago in Property Law
Religion: Hindu

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7 Answers

The Supreme Court has stayed the orders of the Uttarakhand High Court which had cancelled the ceiling imposed by the state government on the amount of agricultural land that could be bought in Uttarakhand. The decision was given on a writ petition filed by the state government.

2)local lawyer can guide you as to whether SC has disposed of appeal or not

3)dont purchase land in name of third party .there is no guarantee that you would get land transferred in your name nor of your money being refunded

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

A person, society or company may purchase land with prior sanction of the Collector of the district for Agricultural or Horticultural purposes, as may be prescribed, on furnishing an affidavit to the effect that such land will be used for Agricultural or Horticultural purposes and for uses incidental to and connected with Agriculture or Horticulture only.

Outsiders are prohibited to buy more than 250 sqm of agriculture land.

AND The Supreme Court has stayed the orders of the Uttarakhand High Court which had cancelled the ceiling imposed by the state government on the amount of agricultural land that could be bought in Uttarakhand.

2nd option not advisable, ownership will never transfer in you.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

This come to how many sq. metres?

If this is within 250 sq. mtrs., you are free to purchase this piece of agricultural land.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Firslty, as per the query stated by you Sir, it shows that you are very much eager to buy the property for residential as well as for farming purpose, there is no obstacle in it.

Secondly, the area which you wish to buy is within the ambit of Supreme Court Guidelines.

Thirdly, yes, you can by the same strategy as to first transfer the same to that person then to you.

Fourthly, even if you straight away buy the same then also there will be no obstacle to that as long as you carry out the agricultural activity.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

the only prohibition on purchase and sale of land operates with respect to agricultural lands or lands outside municipal/cantonment limits, that too beyond 250 sq. mts. and not to any other kind of property.

2)Section 154(4)(3) provides:

“(a) Subject to restrictions contained in section 154, a person, society of corporate body may purchase land for the following purposes, other than those for Agriculture and Horticulture purposes, with the prior sanction of the Government in the State of Uttaranchal as may be prescribed-

(i) Medical or health purposes, if it conforms to the Health and Population Policy of Uttaranchal;

(ii) Hotel, Lounge, Guest House, Restaurant, Bar, Spa, way side amenities or resort, if it conforms to the Tourism Policy of the State;

(iii) Educational purposes, on the recommendations of the Deptt. of Education;

(iv) Cultural purposes;

(v) For industrial purposes in areas other than those mentioned in section 154(4)(2)(e) or for other purposes.”

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

any person who is a citizen of India can purchase 12.5 acres of agricultural land in Uttarakhand which is also the permissible limit under the Land Ceilings Act.

Earlier the existing land laws were discriminatory against the residents of Uttarakhand as any person who was not possessing any agriculture land before the Act came into being in 2003 was not eligible to buy more than 250 square meters of land.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

1. What is the latest status of the UK HC ruling which allowed any citizen of India to purchase up to 12.5 acres of agricultural land in UK? Is the SC stay still in force?

Supreme court's decision is yet to arrive on this, until then the same status remains.

2. Someone I know is suggesting that the said land can be purchased on his name (he is a naturalised UK domicile) and he will immediately pledge the property in my name on legal paper so that it can be transferred later. Is this a viable/advisable method if trust is not a hinderance?

Without a registered mortgage, the mortgagee cannot claim liquidation rights over it, hence you may try to gt it registered to your name by executing a registered mortgage deed.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

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