Sir since the time period under the Karnataka land reform act to be agriculturist is not defined a person who cultivates personally is agriculturist so by interpretation of same you can buy agriculture land showing your present RTC as you are agriculturist in meaning of the act.
Buying Agricultural land
Sir, I`m not an agriculturist by profession, nor do I or my father own agricultural lands anywhere. I have bought 18 guntas agricultural land about 80 kms in Tumkur district, with the permission of Deputy Commissioner of Tumkur District u/s 80 of Karnataka Land Reforms Act 1961. My annual income is less than Rs.25 lakhs for 5 consecutive years. The land was bought three months ago only. I have received the RTC and MR in my name. I have since started farming. Now I would like to buy about 1.5 acres of agricultural land in Bangalore Rural district, on the outskirts of Bangalore. Can I buy the same by showing the RTC of my previous land. Can I claim to be an agriculturist by virtue of the RTC I`m holding as of now. Will Sec.79A & B under KLR Act 1961 invoked and the right and title in the new land bought by me forfeited to and vest in the state government. How many years should I do farming to be called as an agriculturist, to be able to buy agricultural land in future.
Asked 7 years ago in Property Law
Religion: Hindu
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7 Answers
1. Since you have already obtained permission from the DC of Tumkur District to do farming and have taken up the farming and the RTC and MR in your name is also there, you can show the same and buy agricultural land near Bangalore.
2. 79a and 79b cannot be revoked, since you have already started farming and have become an agriculturist and, as per your narration, your annual income is also less than Rs. 25 Lakhs.
3. In view of amendment to Karnataka Land Reforms Act, even a non-agriculturist can buy farm land, subject to a ceiling of Rs. 25 Lakhs annual income, other than agricultural income.
Hi,
You may buy agricultural land showing your present status.
You have started carrying on agricultural activities in land bought by you with permission of deputy commissioner
2) RTC is in your name
3) you can claim to be an agriculturist and purchase additional land in your name
1) Yes, you can buy the extra land and follow the KLR act 1961 Section 63 of the act as below
Section 63. Ceiling on land. - (1) No person who is not a member of a family or who has no family shall, except as otherwise provided in this act, be entitled to hold, whether as land owner, landlord or tenant or as a mortgagee with possession or otherwise or partly in one capacity and partly in another, land in excess of the ceiling area.
1. Substituted by Act No. 34 of 1998 published in the Karnataka extraordinary Gazette on the 5th day of December 1998 w.e.f. [deleted]
(2) The ceiling area for a person who is not a member of a family or who has no family or for a family shall be ten units :
Provided that in the case of a family consisting of more than five members the ceiling area shall be ten units plus an additional extent of two units for every member in excess of five, so however that the ceiling area shall not exceed twenty units in the aggregate.
(2-A) The ceiling area for a person who is tenant under clause (b) of sub-section (2) of Section 5 shall be forty units.
(3) In the case of a family the ceiling area shall be applied to the aggregate of the lands held by all the members of the family, including the stridhana land.
Dear Sir
You have given permission to purchase that particular land. Now you have again apply and get permission. I am legal adviser for Asst Commissioner. The R T C now in your name is not useful and you are not an agriculturist.
Since you own agricultural land in your name and the RTC is also in your name, you have become an agriculturist.
Now section79a or b cannot be invoked.
You can confirm the maximum extent of holding and proceed.
