• Agriculture land purchase

Can I buy 100 acres of agricultural land by forming a private ltd company
Asked 6 years ago in Property Law
Religion: Hindu

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12 Answers

Yes you can buy agricultural land in chattisgarh. But avoid areas where there are tribal lands which are non transferable to non tribals 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

30 acres is maximum ceiling of dry land in chattisgarh. You need to adhere to section 7 of the land ceiling Act in the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

A Pvt. Ltd. company CAN CERTAINLY BUY AGRICULTURAL LAND and develop and perform agricultural activities on it, BUT SUBJECT TO the approved provisions of articles and the Memorandum of the pvt.ltd and MUST be approved by the Registrar of Companies (ROC). There is no requirement of any director being an agriculturist. The Articles of the Pvt. Ltd. co. should clearly outline the agricultural activities the Pvt. Ltd. proposes to indulge in.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Agriculture is a State Subject .There is no Central Law.Each state govt has fixed its own holding limit.  contact local lawyer from chhattisgarh. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

you need prior approval of state govt to purchase agricultural land in name of company of 100 acres 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

where the
holder is a member
of a family of more
than five members.
(1) land capable of
yielding two crops
and receiving
assured irrigation
or assured private
irrigation for both
the crops;18 acres plus 3
acres for each
member in excess
of five subject to
the maximum of 36
acres.
(2) land capable of
yielding one crop
and receiving
assured irrigation
or assured private
irrigation for the
crop;
27 acres plus 4.5
acres for each
member in excess
of five subject to
the maximum of 54
acres
(3) dry land 54 acres plus 9
acres for each
member in excess
of five subject to
the maximum of
108 acres

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

you cannot purchase additional 100 acres of land as you are already holding 30 acres of land 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1.  It is possible to buy 100's of acres of land, PROVIDED proper procedure and permission is taken from the district collector and the industries commissioner.

2. Land Ceiling Act can be circumvented by buying in Co. name.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Dear Sir,

There is no problem what so every if you want to buy a land in central region (Chhattisgarh planes) ie. In districts like Raipur Bilaspur DURG Korba raigarh janhgir Champa and other places where the tribal population is very less.

If I'm not wrong, one is not allowed to buy land where the majority is of tribal groups and it is common in other states too.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

 Under the Companies Act,  a regd. co. may perform those activities that are listed in the Objects ,Articles and the memorandum.  By virtue of its objects and articles, as regd. under the companies act,  the P.Ltd., (now non-person)  can function and perform agricultural activities and need not be a agriculturist as in the case of an individual person.


In the future event, if the pvt.ltd. co. folds-up or say closes down,  then it cannot dispose of its agriculture land bank to non-farmers for non-agricultural purposes.  The agricultural activities are limited to the existence of the Co. If there is no company, all the property etc... can be attached by statutory authorities (I.Tax, S.Tax, Revenue Dept., Environment Dept, Pollution Dept among others)  

The ceiling for purchase of agricultural land depends on which state you would like to purchase.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You may clarify the ceiling limit allowed in Chattisgarh state to the private companies for purchase of agricultural land, you can get this clarification from the land revenue department.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Owning land in individual capacity is different to that of the purchase of th same by your company, do not mix up both together.

 

The law of MP and Rajasthan  applies to this state.

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.

Agriculture income is presently Tax-Free in the hands of Individuals.  

Agriculture income in NOT TAX FREE for companies


T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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