• Agricultural land purchase in karnataka

My mother has bought 20 guntas of agricultural land in bangalore village. registration done in jan 2019. My mother is 75 years and lives with my father in karnataka.
Now it is under khata procedure.
Some of my friends advised me to contact revenue department officials as this transaction is above 25 lakh and may come under 79a&b(I don't know what it means)
My mother already holds agricultural land purchased in 2013 from her mother, which was purchased in 1985by my grandmother.
My grandfather bought agricultural land in karnataka in 1979.
after his death in 1987 khata has been changed to my grandmother name. At that point of time family tree mentioning right's for the said property has been issued from tahashildhar mentioning all children name and my grandmother name as wife. And on that basis rtc name changed to my grandmother name. And later on all family members including my mother and grandmother sold their right's to one of my maternal uncle and still today rtc for the land is in his name.
We have all certified copies of document with us.
My mother is failing IT returns for the past more than 10 years and for the past 5 years declared close to 2 lakh rs under agricultural income annually. 
Now kindly help me is there any chance for facing problems during the khata procedure.
If so what remedial measures I have to prepared for.
Thank's in advance.
Asked 7 years ago in Property Law
Religion: Hindu

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13 Answers

No i dont think so as per your above case is considered.

for your information the 79 A and B endorsements are as follows:-

What is 79 A & B of land reforms act endorsements?
79A states that the income of the family or person shall not exceed more than 2 Lakh per annum from the other than agriculture sources. By recent amendment in the 79 A and B, the income is extended from 2 Lakh to 25 Lakh per annum. 79B prohibits of holding agricultural land by certain persons. Anyone with non-agriculture income over Rs 25 lakh is barred from purchasing agriculture land in Karnataka.
These endorsements are issued by Tahsildar. These endorsements clearly certify that there are no cases against the person owning the agricultural land and whether he or she is an agriculturist or not conforming to the prescriptions of section 79 A&B of Karnataka Land reforms Act 1961, since only agriculturists, agricultural labourers are entitled to own the agricultural lands, in Karnataka. 

Agricultural land can be bought in Karnataka after producing certain documents.

  • RTC and Mutation Extracts
  • Affidavits
  • No objection certificate from the Tahsildar.
  • Akarband, Tippani and Podi extracts
  • Village and Survey Map
  • Section 79 A&B endorsements.

If it comes under the above thing you need to take the endorsements.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear client,

No such issue, 25 lacs limit is, that non agriculturist with above 25 lacs income per annum cannot purchase agriculture land.

And your mother already holding agriculture land, hence this sec 79 dose not come in her way.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

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.

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1) your mother is an agriculturist 

 

2) her anuual income of family is less than Rs 25 lakhs 

 

3) she should not face probleyin mutation of land in her name 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

See if your mother had agriculture land before purchasing this land and since she is disclosing agriculture income there wont be any issue. 79a and 80 section.applies.for person who does not have a agriculture land and is not agriculturist then the said person need to obtain permission from deputy commissioner and purchase agricultural land.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Section 79 A&B endorsements: These are issued by the Tahsildar. These endorsements certify that there are no cases against the person owning the agricultural land, and whether he is an agriculturist or not, conforming to the prescripttions of Section 79 A&B of the Karnataka Land Reforms Act 1961 (since only agriculturists and agricultural workers whose average annual income is less than Rs 2 lakhs are entitled to own agricultural lands in Karnataka);

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 2 lakhs per year. To purchase agricultural lands, these documents need to be produced: Form No 1:  Vendor's Pani, mutation Purchaser's pani; Affidavits No objection certificate from the Tahsildar

Now the limit has been raised upto 25 lakhs.

If all the details are proper and have no issues, then there should not be any problem for obtaining khatha

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Dear Sir,

On the cursory look of your description your mother satisfied all the three conditions required. So there will be no issue. However it better to consult a

Legal expert and see that whether the following three conditions are satisfied.

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.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Agricultural land can be bought in Karnataka after fulfilling certain requirements. 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.

 


Better obtain permission from deputy commissioner before purchase of agricultural land 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

See if she has inherited agricultural land and is involved in agriculture then in that case she will be treated as agriculturist.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dont worry about that.

Let there be a query on that, your grandfather's agriculturist status can be projected with some modifications.

As confirmed she belongs to the agriculture family as of now, hence you can prepare to face any issue in it accordingly.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

If your grand father had land during 1978 thats enough you can definitely buy lands in karnataka. There are certain procedure by following which you can buy land. Engage any local lawyer. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If your income limit exceeds 25 lakhs you need to file the endorsements.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Married daughter not consider as agriculturist. Mother income less than 25 lacs yearly, no issue.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

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