• Leasing agriculture land in Hassan Karnataka

I would like to know if I could lease agriculture land in Hassan Karnataka to a charitable trust. The trust is telling me that they will plant trees and will share the revenue (50%) with me. They are asking for a lease agreement for 10 years. Appreciate your guidance in this matter.
Asked 7 years ago in Property Law
Religion: Hindu

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9 Answers

The land can be leased to the charitable trust under a lease deed for period of 10 years wherein the trust will agree that theey shall carry out only the agricuture work and shall pay you  sum in form of profits or yearly fixed amount. The trustee need to sign the deed and you can get same registered,

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) Don't provide any lease agreement for any charitable trust , instead you make agreement of plant trees and its fruit sales revenue will distribute among you and particular person. 

2) that particular person will Trustee and that  further agreement between that trustee and trust regarding 50% revenue will be donate to trust.

3) Means you and your agriculture land will not come in picture of trust.

4) There will be two agreements one between you and person and second that person and trust.

5) that person will be trustee.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1) make application to deputy commissioner that you wa t to give agricultural land to trust on lease 

 

2)Section 109 of the karnataka and reforms act Act confers power on the State Government to grant exemption in regard to a land in any area from the provisions of Sections 63, 79A, 79B and 80 of the Act to be used for industrial purposes, educational institutions, places of worship, a housing project or horticulture including floriculture or an agro based industry. Further, the Government has also the power even in the absence of such purposes to grant exemption in public interest. 

 

3) RULE38-D. Application for grant of exemption.— (1) Every application for exemption under Section 109 shall be made in Form 15-A along with a Court fee of rupees five to the concerned Deputy Commissioner. 2)2) Immediately on receipt of the application the Deputy Commissioner shall cause it to be entered in a separate register maintained for each of the category depending on the extent of land sought to be exempted and the purpose for which exemption is sought. [He shall scrutinize the application in Form 15-A and the documents received from the applicant and fill up Form 15-AA] and after following the procedure specified in Rule 38-B, forward the application to the Government.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can bound with 10 years lease agreement but in agreement mention a clause, incase if you want to end this agreement in between 10 years you can end with 1 month prior notice. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear Client,

The Karnataka government has begun identifying fallow lands and issuing notices to farmers and land owners asking them to either take up cultivation or give such lands on contract,in tune with a provision in the Karnataka Land Revenue Act and one the same side Act - 1974 bars leasing out agricultural land.

So, before putting on lease, inform the Assistant Commissioner.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You should read all document before signing each and every clause is important to avoid future inconvenience

It's better for you to consult local lawyer and write agreement with conditions which are cleared before leasing

Discuss all condition before making agreement once both parties agreed on conditions you can further proceed for ageement

 

Dimple Jain
Advocate, Jodhpur
222 Answers

 

Dear Sir,

Any land can be leased subject registration of the same.

Section 106 in The Transfer of Property Act, 1882

1[106. Duration of certain leases in absence of written contract or local usage.—


(1) In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days' notice.


(2) Notwithstanding anything contained in any other law for the time being in force, the period mentioned in sub-section (1) shall commence from the date of receipt of notice.


(3) A notice under sub-section (1) shall not be deemed to be invalid merely because the period mentioned therein falls short of the period specified under that sub-section, where a suit or proceeding is filed after the expiry of the period mentioned in that sub-section.


(4) Every notice under sub-section (1) must be in writing, signed by or on behalf of the person giving it, and either be sent by post to the party who is intended to be bound by it or be tendered or delivered personally to such party, or to one of his family or servants at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the property.]

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

You need to acertain that whether the trust can cultivate the agricultural land there.If yes then you can do the same.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Leasing out of agricultural land is legally prohibited without any exception. ...Leasing out of agricultural land is not specifically banned, but the tenant acquires the right to purchase the tenanted land after a specific period of creation of tenancy (six years in Pun and Har) except if landowner is disabled.

 

The most common form of lease in agriculture is a landlease, with the cash rent lease and the crop-share lease being the two most frequently used leases in agriculture. ... With a crop-share lease, the landlord receives a share of the crops produced in exchange for the use of the land by the tenant.

 

You may analyse all the facts involved in this and decide about giving it on lease or not.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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