• Buying agriculture land in Karnataka

I AM a salaried person with non agricuture income excess of 50 lacs. And my wife is a housewife with no income.
As nonagriculturists can my wife buy agriculture land for Agriculture purposes only.
Asked 4 years ago in Property Law
Religion: Hindu

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9 Answers

No sir your wife cannot as the family income should be less then 25 lacs and further the permission under section 79A Karnataka land reform act has to be obtained from the Deputy commissioner,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

your income is exceeding Rs 50 lakhs

2) the income of family is considered

3) wife cannot purchase agricultural land in Karnataka as family income is more than Rs 25 lakhs and she is non agriculturist

4)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

5) the amendment empowers deputy commissioners of districts, instead of assistant commissioners, to grant permission for non-agriculturists to purchase agricultural land under Section 80 of the Act.

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Dear,

No your wife can't purchased agriculture land in Karnataka as your

family income is more than 25 lacs.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

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.

I know lot of my friends who were happy about this rule and purchasing agriculture land was not a problem for them after this rule was passed. However do note that the loans lent out for this is not something like buying a site.

There are some technicalities like if you want to buy agrarian land in the name of a non-employed spouse, you cannot provide the amount etc… It has to be proved that the spouse has got it via a windfall or inherited the amount ( things like that)

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Hi,

You may buy agricultural land in the name of wife.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

hello,

What is the source of income of the wife to purchase the property?

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Client,

No income to wife, from where she will arrange to buy land. If you will give her money to buy property, it`s will considered indirect purchase by you.

GIFT her money and must be record in IT returns , than she can buy being her personal property.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

According to Karnataka Land Reforms (Amendment) Bill, 2015, the income limit for non-agricultural persons to purchase agricultural land in Karnataka has been increased from Rs. 2 lakh to Rs. 25 lakh.

The deputy commissioners of districts have been granted powers to grant permission for non-agriculturists to purchase agricultural land under Section 80 of the Act.

However, there are still restrictions in the form of permissions granted for person’s conditions such as:

(i) that the transferee shall take up agriculture within one year from the date of acquisition of land, and

(ii) that if the transferee gives up agriculture within five years, the land shall vest in the State Government subject to payment to him of an amount equal to eight times the net annual income of the land or where the land has been purchased, the price paid for the land, if such price is less than eight times the net annual income of the land.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Dear Sir,

The following rules may be perused and followed:

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

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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