• Is name on 7/12 certificate necessary to become an agriculturist?

I had earlier asked following question in your excellent forum under the title

" who is considered an agriculturist in Maharashtra"

I am working in UAE therefore I am an NRI. My wife does service in Mumbai. My Father stays at Wardha Maharashtra and he has ancestral agricultural land on his name and he cultivates it. My Father in law is also a Farmer.

I wanted to buy an agricultural land at Wardha on my wife's name. We both do not not own any agricultural land on our name as of today and therefore no chance of name on 7/12 certificate.

As law states that " An agriculturalist only can own an agricultural land". 

Therefore we wanted to know, as my father is farmer and my father in law is also a farmer, then if my wife automatically becomes an agriculturist by law and if she can buy an agricultural land. 

Most of you had answered that she would be eligible to buy an agricultural land as her father has farm land and has 7/12 certificate. 
Means daughter even though she is married and doing service but being farmers daughter she automatically becomes an agriculturalists and eligible to buy agricultural land. 

We also took advice from few other lawyers and as per them having 7/12 certificate on her name is absolutely necessary for her to become an agriculturist and become eligible to purchase agricultural land. Some of you also are of this opinion. 

1. Therefore I wold like to know if it is so clear and easy to decide about the eligibility why opinions are so different. 

Is really name on 7/12 certificate really required?

This is putting me in lot of confusion and unable to decide clearly whether my wife really fulfills eligibility criteria or I would land up in problem after purchasing the land. 

2. Also if there are any income related criteria in Maharashtra which purchaser needs to fulfill for the eligibility ie buyer's income should not be more than some limit. 

3. Do I need to get farmer family certificate to prove that she is an agriculturalists and is my wife eligible to get it. 

Therefore once again I am putting this question in your forum and I request you to clear our misconceptions and let us know

a. If name on 7/12 certificate necessary before new purchase?
b. Any income related limits for purchaser?
C. Farmers Family certificate required?

and guide us if my wife is allowed to purchase agricultural land without any doubts.
Asked 7 years ago in Property Law
Religion: Hindu

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7 Answers

The 7/12 document is an extract from the Land Register of any district in Maharashtra, which gives complete information about a particular piece of land. It contains important details such as the survey number, area, date from which the current owner's name was registered etc.

 

2)A 7/12 extract is not a conclusive proof to an established title. It is only the land record for revenue purpose and it can be used to show the possession rights of the land

 

3) advisable that your wife name be on 7/12 extract to purchase agricultural land in her name 

 

4) there are no income related limits for purchaser 

 

5) obtain farmer family certificate 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have been adviced by my fellow friends on this forum, but little different opinions came to you, resulting little confusion in your mind.
  2. Let me tell you that the concept giving the land to an agriculturist came just to avoid the labouring of poor farmer by rich people of earning money after purchasing the land on their name, but not engage in agricultural activities.
  3. Having the name over the above mentioned certificate is mandate for sure, but as her father’s name is already there on the certificate, so she may able to purchase the land on her name also.
  4. It is also not necessary for her to cultivate the same, but only her father or brother can cultivate the land, not any other person.
  5. Otherwise, it will create problem for her as it would violate the principle of saving the life of the farmers by getting benefited in their hard work.

 

Rest, I ll try to give you some good precedents by Supreme Court, to give you more clarity on it.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Only an agriculturist can purchase agricultural land and if a person holds such land anywhere else in India, he can still be deemed an agriculturist in Maharashtra. The maximum ceiling limit for such land is 54 acres. However, to be able to buy the agricultural land, yourr wife's ancestors shall have to be farmer which they are actually. Your wife  will need to give 7/12 extract mentioning her mother's or father's name. Her relationship with them has to be established with supporting documents. This makes your wife  eligible to purchase the agricultural land. 

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. A certificate certifying that she belongs to the agricultural family will be sufficient for her to acquire agricultural land by a registered sale deed. A 7/12 certificate on her name is not necessary.

 

2. There is no such criteria in Maharashtra.

 

3. You can obtain a certificate that she belongs to agricultural family.

 

 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

This is a local law by which the family members of the farmer are also considered as farmers for the purpose of buying the agricultural land and they are eligble to buy agricultural land provided they are not NRI or OCI.

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

Your wife may approach Tehsil of area where father  land is situated and make an application for Farmer certificate. Alongwith this application, you need to submit 7/12 and 8 "A" signed by Talathi. 

 

2) unable to find any judgments of SC on the issue 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

i did search for your query whether a family member automatically becomes a farmer because her family members own farm or agricultural land

 

but i did not find any such proposition in any acts

 

also how can a person have a 7/12 certificate without first buying the land?

 

thats completely absurd

 

only after the person buys the agricultural land, can her name be entered in the 7/12 extract 

 

without buying the land, its not possible to have a 7/12 extract

 

i did inform that there are certain ceiling limits i.e. certain extent of agricultural land which a person can hold

 

so apart from that restriction, i do not see any other restriction against a person being termed an agriculturist

 

anyway i will do some further research and get back

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

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