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  • Sathe Karar

Dear Sir,

I am an NRI living in Riyadh, Saudi Arabia. I am interested in buying a plot between Khardi and Kasara.
Staying in Mira road, born and brought up in Mumbai. Didn't have any knowlwdge on plots and land purchasing.
What I came to know that they sell plot on Sathe Karar. While surfing on net I came to know about 7/12 extract and Agricultural and Non Agricultural land.
I want to purchase land ON MY NAME with complete peace of mind, want to build poly houses for growing vegetables and also want to build a house on that plot. Can we buy the plot on sathe karar and make it NA land on my name?
Can you guide me in this regards.

Anticipating your early reply.
Asked 6 years ago in Property Law
Religion: Muslim

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21 Answers

You are an NRI 

 

2) NRI cannot  purchase agricultural land in India 

 

3) You need RBI permission which would not be easily granted

 

4) you can request seller to apply for conversion of land into NA 

 

5) you canpurchase NA land for residential purposes 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

Dear Sir,

Step 1 If you want to buy land for agriculture purpose you need to be first a farmer. If you are not a farmer you have to buy Non agreeculture land.

Step 2. To buy Non Agreculture land you must get in touch with a Real Estatevconsultant who understand your exact needs and purpose of buying land. Once you identify land of your choice get the title checked of land and and also check the goodwill of land owner from a good solicitor or civil advocate and your consultants.

The solicitor will do the due deligence by doing

  1. title search from registration office
  2. Will issue a paper notice with the written concent of land owner/S.
  3. Will issue title certificate .
  4. Once everything is found in order enter in to agreement
  5. Pay the consideration as per terms of agreement and register the agreement.
  6. On full and final agreement take the Conveyance of the land by entering in to conveyamce deed.
  7. Transfer property card on your name.
  8. Compound the property
  9. Pay regular tax of the property.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

See since you are NRI you cannot purchase agriculture land so first the seller has to convert it into NA when he get permission for same he can sale the NA plot to you. 

Further also other then condition that you are NRI in maharashtra you need to be agriculturist to purchase agriculture land. 

Sathe karar is agreement to sale it is not sale deed so it will not give you ownership of plot it is just agreement of sale and in pursuant sale deed खरेदी खत is required to be made for clear title. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

as plot is agricultural, you will need RBI permission under the Foreign Exchange Management Act

 

All requests for acquisition of agricultural land/plantation property/ farm house by any person resident outside India or foreign nationals may be made to The Chief General Manager, Reserve Bank of India, Central Office, Exchange Control Department, Foreign Investment Division (III), Mumbai 400 001.

 

sathe karaar means an agreement for sale. It has to be duly stamped for the proper stamp duty and compulsorily registered with the local Sub-registrar

7/12 extracts are only for land revenue purposes. They are not title documents. 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

No bar on purchasing agriculture land by NRI. Sathe karar is agreement to sell which is not proper way to acquire ownership but execute sale deed.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

You can't buy agricultural land as you are NRI.  You can buy plots for residential and private land. 

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Nri cannot purchase agricultural land in India as per ruled.. 

Nri can purchase N/A land or commercial property 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. You shall have to first identify the non agricultural land already available in the saiod areas for buying the same ro avoid buying agricultural land and then converting to NA land.

 

2. Once the property is identified either through internet or persobnal scouting, due dilligence report for the same through an experienced laqwyer shall have to be availed.

 

3. The original mother title deed alongwith the link deeds is to be verified and registry search is to be conducted.

 

4. Therefater you shall have to step in to the next process of executing a sale agreement by paying an advance or directly get the sale deed registered by paying the entire consideration and taking physical possession of the said property. 

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1) Sathe Karar is initial agreement to sale document and later on you can sign sale deed from seller.

 

2) Both the documents need to registered, here you should check all terms and conditions of the sathe karar.

 

3) Yes, later on you can make a N.A plot for residential purpose.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

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

Hence if you are not an agriculturist then you cannot buy this agricultural land in Mumbai.

You can take a legal opinion before buying the landed property.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Dear sir

Sathe karar is a marathi word which means agreement for sale. And there is no problem in buying land on sathe karar as it will be agreement for sale on paying the initial amount at time of signing the agreement and the whole consideration is paid at the time of making of sales deed.  The land will be registered on your name.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

NRI cannot buy agricultural land in India as per law.

Though RBI has given general permission to the NRIs to purchase immovable properties in India, the permission does not grant power to acquire any and every property in India. The NRIs are allowed to purchase only residential or commercial property. So NRIs cannot purchase any agricultural land or plantation property.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

  1. You being the NRI, have not been debarred from buying the agricultural land in India, but that has to be accompanied with certain permissions from the Tehsildaar of the district.
  2. If you happen to get then permission and a certificate of NOC from the authority then you can easily buy the land on your name.
  3. In fact, thereafter you can engage people also to cultivate the land with your permission and consent.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

in mahrashtra only agriculturist can purchase agricultural land 

 

2) Section 63 of the Maharashtra Tenancy and Agricultural Lands Act (for short “MTAL” or “the Act”) barred transfer of Agricultural lands to Non-Agriculturist without the permission of the Collector or Officer authorized by the State Government.

 

3) 

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

2) 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.

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

NRE is not a status it is an bank account operated by OCI or PIO. 

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

In this case, you can buy a land for residential purposes and can cultivate crops for personal use only.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

See you can also not purchase agriculture land. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You need to be an agriculturist to buy agricultural land in Maharashtra. Agriculturalist from any other state can also buy agricultural land in Maharashtra. You will have to show a farmers certificate and copy of land record in which your name is mutated.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If you are an Indian citizen then you can buy agricultural property in the state where even non agriculturist also can buy agricultural land.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

The suggestion givcen in my earlier post stands unaltered for your being NRE.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

I would advise you to please engage some local advocate who may help you in getting the title report of the land and may advise you to purchase the land or not? 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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