Hello all, We are 4 of us wanting to buy a farm land in Karnataka. One of us has a farming background and the rest of us don't. Can we collectively buy a farm land with equal ownership.
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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) the amendment empowers deputy commissioners of districts, instead of assistant commissioners, to grant permission for non-agriculturists to purchase agricultural land under Section 80 of the Act.
See the rest of you not having farming background have to take permission of deputy commissioner under section 79A and 80 of Karnataka land reform act. For rest of you applying for permission the family income should be less then 25 lakh then only you can obtain such permission.
1) Yes, you can buy the farm land jointly.
Yes , go ahead.
Actually the rule in Karnataka with purchasing agricultural land is something like this:
You need to have agrarian roots ( i.e: Family /extended family has to have documented evidence of farming)
If the above is not true, you should have an annual income less than 25 LPA to purchase agrarian land. Previously this was 5 LPA which was hiked to 25LP.
Better consult a local lawyer before buying.
Dear Client,
If Annual income up to 25 lacs, non farmer can purchase agriculture land. In you are purchasing in joint names than, all four aggregate annul income should be less than 25 lacs.
And person having a agriculture back ground than only in his name not co ownership.
yes you can buy by filing affidavits that you are interested in farming and you will be doing the same in future with the said land.
Yes, you can buy the land but you must have to know about the rules and restrictions you must be aware of when purchasing agricultural land :-
Various states follow different procedures for the purchase of agricultural land. In certain states only an agriculturist can purchase such land whereas there are no restrictions in other states. All over India, NRIs and PIOs can’t purchase agricultural land/plantation property/farm houses. They can, however, inherit agricultural lands.
Tamil Nadu
There are no restrictions for those looking at investing in agricultural land. The maximum extent of land that can be purchased is 59.95 acres and it can be converted into non-agricultural land by the orders of the district collector, provided that no agricultural activity has been carried out in the said land during the last 10 years (prior to the date of conversion).
Karnataka
Only an agriculturist can purchase agricultural land. A non-agriculturist is a person Under Section 109 of Karnataka Land Revenue Act, 1964, social or industrial organisations can purchase agricultural land with Government approval.
Kerala
Similar to Tamil Nadu, anyone can purchase agricultural land here. The maximum ceiling limit of land area as per the Kerala Land Reforms Act, 1963 is as follows:
a) In case of an adult unmarried person or a family consisting of a sole surviving member, five standard acres and the ceiling limit shall not be less than six and more than seven-and-a-half acres.
b) For a family consisting of two or more but no more than five members, 10 standard acres and the ceiling limit shall not be less than 12 and more than 15 acres.
c) If it’s a family consisting of more than five members, 10 standard acres increased by one standard acre for each member in excess of five, and the ceiling limit shall not be less than 12 and more than 20 acres.
d) For any other person, other than a joint family, 10 standard acres and the ceiling limit shall not be less than 12 and more than 15 acres.
Maharashtra
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.
Gujarat
Agricultural lands can’t be purchased by a non-agriculturist. Earlier, only those residing in the State could invest in agricultural land in Gujarat but in 2012 the Gujarat High Court passed a judgement that allows any agriculturist in the country to purchase such land in the State.
Madhya Pradesh and Rajasthan
There are no restrictions in these states. Earlier, under Section 17 of the Imposition of Ceiling on Agricultural Holdings Act, 1973, there were certain ceiling limits on buying agricultural land from the ‘Khatedars’ in Rajasthan. The provisions of this section were amended in 2010 and people from other states can now purchase agricultural land here. One has to, however, apply for conversion within a year from acquisition and commence the proposed non-agricultural use within three years from the date of conversion in Rajasthan.
Haryana
Certain areas in the State have been declared ‘controlled areas’ and for those looking at purchasing agricultural land in these areas for non-agricultural purposes, they need to obtain a certificate indicating the change of land use from the Government of Haryana.
Himachal Pradesh
Only an agriculturist belonging to the State can purchase agricultural land here. People from other states require prior permission of the Government of Himachal Pradesh u/s 118 of HP Tenancy and Land Reforms Act. The maximum land ceiling limit in is 160 bighas or 32 acres.
West Bengal
As per the West Bengal Land Reforms Act, private ownership of agricultural land in the State is capped at 17.5 acres for irrigated areas and 24.5 acres for areas that are only rainfed. In urban areas, private ownership is capped at 7.5 cottahsor one-eighth of an acre. Only tea gardens, mills, workshops, livestock breeding firms, poultry farms, dairies, and townships are exempted from the restrictions of the Land Reforms Act.
Conclussion:- Yes, you should go for it if you can get succeeded in obtaining the government permission for the same.
Dear Sir,
It seems are being misguided by someone. Each partner/co-sharer must satisfy the following conditions to purchase the 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. 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.
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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.
You can form a partnership firm and then set out for purchasing the farm land in the name of the firm with equal rights and shares to all four in the firm's farm land.
As per Karnataka Land Reforms (Amendment) Bill, 2015, the income limit for income limit for non-agricultural persons to purchase farmland has been increased from Rs. 2 lakh to Rs. 25 lakh. So in your case you can buy the agriculture land(even though you are a non-agriculturist).
Moreover since one of you are from an agricultural background, as a company you can buy farm land.
Hello,
No, only a person having an agricultural background can purchase the said land in Karnataka.
Further, As per Karnataka Land Reforms (Amendment) Bill, 2015, the income limit for income limit for non-agricultural persons to purchase farmland has been increased from Rs. 2 lakh to Rs. 25 lakh.So in your case you can buy the agriculture land(even though you are a non-agriculturist).
So see as to which option applies to your case.
Regards
