• Can I buy agriculture land in Maharashtra

My father having aggeculture land 3acres in 1990(Maharashtra).
They sold in 1992. We having 7/12 of that land.
Presently we don't have any aggeculture land now.means No farmer at present. Can we buy aggeculture land (1Guntha) in Maharashtra in present?
Asked 5 years ago in Property Law
Religion: Hindu

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10 Answers

See since now you don't have any land passbook in your name you cannot buy agriculture land .

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can purchase agricultural land in Maharashtra as your father was an agriculturist 

 

2) rely upon 7/12 extract of land 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

1) Yes, you can buy agricultural land in Maharashtra.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Only a farmer can buy land in Maharashtra. If you are a farmer you can buy.

You cannot directly buy farm land without meeting some other requirements.

1. Some relative has to own some farm land somewhere

2. Get permission from collector's office proving your intent to engage in agricultural activity

3. Get a job as a farm hand and have that farmer give you a letter of agricultural employment.

According to the law of Maharashtra 'Revenue act 1966' as anybody can not buy land unless he is farmer or his father or grandfather is farmer.

You can produce the certificate stating that your grandfather was a farmer to buy agriculture land in Maharashtra.

 

Now, on the basis of the above mentioned information, I believe many of your doubts have been resolved.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Dear Sir,

non agriculturist can now buy agricultural land. Previously in the State of Maharashtra, India, a non-agriculturist could not acquire agricultural land without the prior approval of the Collector.

 

A non-agriculturist can now buy agricultural land 

http://sahakarsutra.blogspot.in/2016/04/a-non-agriculturist-can-now-buy.html

Previously in the State of Maharashtra, India, a non-agriculturist could not acquire agricultural land without the prior approval of the Collector. On 1 January 2016, an amendment was made to the existing law to allow a non-agriculturist to acquire agricultural land subject to certain conditions.
WHAT WAS THE LAW BEFORE THE AMENDMENT?
Section 63 of the Maharashtra Tenancy and Agricultural Land Act, 1948 (“MTAL”) barred a sale, gift, exchange, lease or mortgage (in which possession is delivered) of agricultural land to a non-agriculturist or to any other persons holding land in excess of two-third of the ceiling area as determined under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, without the prior approval of the Collector.
Consequentially, it became very difficult for a non-agriculturist to acquire agricultural land as the permission of the Collector or any other officer authorised by the State Government was required in advance. There was no guarantee that every applicant would receive this permission and in addition, the permission so granted was conditional. If any of the conditions on which the permission was granted was contravened, then the land so acquired could be forfeited by the Collector. This situation led to the need for an amendment to the existing law.


WHAT IS THE AMENDMENT?
The amendment, which came into force from 1 January 2016, was made in the form of adding a sub-section to Section 63 of the MTAL, whereby the following lands would be excluded from the purview of Section 63 of the MTAL:
Land situated within the limits of a Municipal Corporation; or
Land situated within the limits of a Municipal Council; or
Land situated within the jurisdiction of Special Planning Authority; or
Land situated within the jurisdiction of New Town Development Authority; or
Any land allocated for residential, commercial, industrial or any other non-agricultural use as proposed in the draft/final Regional plan or Town Planning Scheme prepared under the Maharashtra Regional and Town Planning Act, 1966.
In short, a non-agriculturist can now acquire agricultural land for non-agricultural purpose (residential/commercial/industrial), if such land falls under any of the five exceptions to Section 63 of the MTAL as mentioned above.
Time frame for using the land for non-agricultural purpose: It is imperative for the person who acquires the agricultural land for residential/commercial/industrial or any other non-agricultural purpose to put the land to such use within a period of 5 years from the date on which the land was transferred to him. If the period of 5 years lapses, then the Collector may grant an extension of another 5 years after payment of non-utilization charges which will be determined at the rate of 2% of the market value of such land per annum.


Sale of land by the purchaser: If the purchaser or subsequent purchaser does not utilise the agricultural land for non-agricultural purposes and wants to sell the land prior to the expiry of the 10 year period, then the Collector may allow him to sell the land, provided the purchaser or subsequent purchaser pays the non-utilization charges to the Collector and the land so sold should be used for non-agricultural purposes only. The period for putting the land to non-agricultural use by the person purchasing the land will be the remaining period which is left unutilized by the person selling the land out of the specified period of 10 years. Additionally, the person selling the land will also have to deposit 25% of the market value of the land with the Collector. 
Collector will resume the land: If the purchaser or any subsequent purchaser does not use the land for non-agricultural purposes within a period of 5 years or within the period of 10 years upon payment of non-utilization charges, then the Collector shall resume the land after issuing one month’s notice to the purchaser or subsequent purchaser as the case may be. The land so acquired by the Collector will vest with the Government free from all encumbrances.


Option to the original owner to buy the land: The land so resumed by the Collector will be offered to the original owner on the same terms and conditions as it was sold by him. The original owner will have the right of first refusal. This right will have to be exercised by the original owner within a period of 90 days from the date of receipt of the offer. If the land is accepted by the original owner, then he will have to deposit the amount within a further period of 90 days. If he fails to exercise the right within a period of 90 days or if he fails to deposit the amount within a period of 90 days, then the land will be auctioned by the Collector.
Auction of land: The land so auctioned shall be used for purposes mentioned in the draft/final Development plan or Regional plan or Town Planning scheme. The proceeds of the auction will be remitted to the purchaser or subsequent purchaser as the case may be, within a period of 90 days from the receipt of such auction proceeds. The amount paid to the purchaser or subsequent purchaser will be equal to the price at which he purchased the land.


Thus, the amendment has eased the law as far as purchase of agricultural land by a non-agriculturist is concerned. What is commendable is the manner in which the government has achieved such a change where on the one hand fertile agricultural lands will continue to be governed by Section 63 of the MTAL but on the other hand, certain lands have excepted from this Section in order to make room for development without involving the burdensome process of obtaining approval in advance from the Collector.

 

 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Dear Client,

Now NON agriculturist can purchase agriculture land in Maharashtra without prior approval of collector. Read  amended Section 63 of the Maharashtra Tenancy and Agricultural Land Act, 1948 (“MTAL”).

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

only agriculturists can purchase agricultural land. If either of a person's parents or grandparents are agriculturists. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Since you belong to the agricultural family you are eligible to buy agricultural land in your name by providing the evidence of the agricultural background.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

Yes you can buy stating your interest in agriculture and your intention to do the same in affidavit form

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

1. BASED on the earlier 7x12 extract of the agricultural land, you can take written permission from the district collector, to buy agricultural land for self-sustenance purposes, by providing proper justifications. Usually such permission is given.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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