• Buying Agricultural land by Non-agriculturist

I am keen to buy a farm land near Pune, in Pune district. My grandfather owned a farm land in Pune which he sold off. Will I be eligible to buy a farm land? Can 2016 Amendment in Section 63 of the Maharashtra Tenancy and Agricultural Land Act, 1948 (“MTAL”) be useful here?
Asked 5 years ago in Property Law
Religion: Hindu

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8 Answers

Earlier in the State of Maharashtra, a non-agriculturist could not acquire agricultural land without the prior approval of the Collector. On 1 January 2016, an amendment was made to the existing law to allow a non-agriculturist to acquire agricultural land subject to certain conditions

2) the following lands would be excluded from the purview of Section 63 of the MTAL:

Land situated within the limits of a Municipal Corporation; or

Land situated within the limits of a Municipal Council; or

Land situated within the jurisdiction of Special Planning Authority; or

Land situated within the jurisdiction of New Town Development Authority; or

Any land allocated for residential, commercial, industrial or any other non-agricultural use as proposed in the draft/final Regional plan or Town Planning Scheme prepared under the Maharashtra Regional and Town Planning Act, 1966.

In short, a non-agriculturist can now acquire agricultural land for non-agricultural purpose (residential/commercial/industrial), if such land falls under any of the five exceptions to Section 63 of the MTAL as mentioned above.

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

By Maharashtra Act No.1 of 2016 w.e.f. 01/01/2016 Section 63 of the MTAL Act was amended to include a sub section and proviso. By the said amendment the bar for transfer of Agricultural land shall not apply to land situated within the limits of a Municipal Corporation or Municipal Council or within jurisdiction of Special Planning Authority or New Town Development Authority constituted under Maharashtra Regional and Town Planning Act, 1966 (for short “MRTP”) and land allocated to residential, commercial, industrial or any other Non-Agricultural use in the draft of final Regional Plan or Town Planning Scheme.

By this amendment, the bar contained for transfer of agricultural lands was removed in the above cases.

Though the bar for transfer of agricultural lands came to be removed in the above cases, proviso’s are added putting conditions on such transfers. The first proviso provides that the land so transferred for Non-Agricultural use such as residential, commercial and industrial shall be put to such Non-Agricultural use within a period of five years from the date of transfer and necessary entry to that effect shall be made in the Record of Rights.

The second proviso provides that land transferred for any Non-Agricultural use permissible in the draft or final Development Plan or Regional Plan or Town Planning Scheme, if not put to Non-Agricultural use within the period of five years from the date of transfer, the Collector on payment of non-utilization charges @ of 2% of the market value calculated as per the Ready Reckoner [Annual Statement of Rates published under the Maharashtra Stamp (Determination of True Market Value of Property) Rules, 1995] grant a further extension of five years.

The third proviso provides that if the land is not to Non-Agricultural use as per the first and the second proviso, the Collector shall resume the land after giving one month notice to defaulting transferee. The land so resumed shall vest with the Government free from all encumbrances and shall first be offered to the original land holder by way of grant on the same tenure on which it was held by him before its transfer and at the same price at which it had been transferred by the original land owner.

The fourth proviso provides that if the original land owner fails to accept the offer to purchase the said land within the period of ninety days or having accepted the offer fails to deposit the purchase price within a further period of ninety days, the Collector shall auction the land.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If you are not a farmer then you can purchase agriculture land but within 1 year you need to convert it into non-agriculture. To purchase this you need collector permission.

But as per new amendment if the land is situated within jurisdiction of municipal corporation, municipal council or town planning authority then without raking permission from collector you can buy it. But still you will need to convert it to non-agriculture.

If you have a background of agriculturist and can show yourself as farmer then it will be advantageous for you.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

4.8 on 5.0

1) In which year your grand father sold the farm land need to know this. If you have sold land on recently and yours and your father name appears as farmer than you are eligible for purchasing agriculture land in Maharashtra.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Dear Client,

Non-agriculturist can now acquire agricultural land for non-agricultural purpose (residential/commercial/industrial), if such land falls under any of the five exceptions to Section 63 of the MTAL.

Land situated within the limits of a Municipal Corporation; or

Land situated within the limits of a Municipal Council; or

Land situated within the jurisdiction of Special Planning Authority; or

Land situated within the jurisdiction of New Town Development Authority; or

Any land allocated for residential, commercial, industrial or any other non-agricultural use.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

1. IF Grand Father is/was a agriculturist (on documents) THEN you 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 Grand Father's agricultural land and how you are documentarily related to him, with local Gran Panchayat's certificate stating that how you are related to Grand Father. Based on this you will be able to buy agricultural land anywhere in your State.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Since you are having an agricultural background, you will be consider to be a farmer or a descendant of the farmer.

You can move on.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

By Maharashtra Act No.1 of 2016 w.e.f. 01/01/2016 Section 63 of the MTAL Act was amended to include a sub section and proviso. By the said amendment the bar for transfer of Agricultural land shall not apply to land situated within the limits of a Municipal Corporation or Municipal Council or within jurisdiction of Special Planning Authority or New Town Development Authority constituted under Maharashtra Regional and Town Planning Act, 1966 (for short “MRTP”) and land allocated to residential, commercial, industrial or any other Non-Agricultural use in the draft of final Regional Plan or Town Planning Scheme.

By this amendment, the bar contained for transfer of agricultural lands was removed in the above cases.

See for yourself if you fall within this exception.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

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