• Kushki land purchase along with plantation land

Hi, my brother, a friend and I are planning to buy some land that we want to cultivate in coffee, pepper and other things soon and also build a house and stay there after about 5 years. We identified about 14 acres in Taravue village near to Banakal, Mudigere. We found out that out of the 14 acres about 5 acres and 36 guntas is Kuskhi Land. We are all salaried people and earn more than 25 lakhs each and one of us has farm land in AP. We want to buy the whole land as partnership. The total land is divided into 5 survey numbers and the biggest part is Kuskhi land. Can someone advice us how to proceed and what should we do to get this legally transferred. Thank you.
Asked 4 years ago in Property Law
Religion: Hindu

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9 Answers

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

2) you cannot purchase the agricultural land

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Find out the exact extent, survey number and boundaries of the land that you are intending to buy and the revenue village in which it is located. It is important to ascertain whether the details of the land shown on the paper and the land on ground are the same. Village map, Tippan/FMB and Pahani/Adangal will help in knowing these details. Also, it’s helpful to get the land surveyed before proceeding to purchase.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Plantation crop under the said Act has been defined as cardamom, coffee, pepper, rubber and tea. Such a plantation land does not come under the definition of agricultural land.

Kindly consult a local lawyer before you purchase plantation land

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Dear Sir,

Possessing land in Andhra Pradesh as on 01.03.1974 by your friend or his family members will be considered as agricultural family provided he satisfies other two conditions.

Further there are some concessions in purchase of coffee plantations.

Each partner of partnership must satisfy all three conditions as detailed below:

Please share full details in person with me so that I can accurately advise you on legal part.

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

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

Dear Client,

Revenue land is nothing but agricultural land that may not be used for industrial or residential purposes without conversion.

And also by reason of earning and association (partnership), barred from buying agriculture land in Karnataka.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hi, you can form a partnership firm and can purchase the property in the name of firm ...All the partners will be legally entitled to the profits and loss from the land irrespective of its nature

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Kushki land means dry land.

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.

Since kushki land is dry land, it cannot be even used for agricultural purpose.

The kushki lands will be under the government which will be used for burial ground and any other purpose, hence you have to deal with it accordingly.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

Is there anything else that we need to concerned about if all papers are in order

You may look for the procedures for annexing the kushki land also;

Some local laws would come to your rescue.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

This is plantation land comes under revenue land not agricultural land ... and 5.36 acres I was referring to is dry land and not wet land. Would it still be considered as agricultural land ?

You are right that the land comes under revenue land and not under agricultural land, hence the kushki land is vulnerable for acquisition by government anytime.

Since the entire land is revenue land, there is always a danger of acquisition for this kushki land.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

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