• Agriculture land purchase around Tumkur and its implications

Hello Madam/sir, 
again on similar lines to query by this person https://www.kaanoon.com/57102/buying-agriculture-land-in-my-mother-s-name-and-gifting-it-to-me 
 i have an interest to buy agriculture land my father in law owns agriculture land and has 3 daughters i am married to one of them . 
my wife and me jointly earn about 70 lks /Annum 
how can i buy an agricultural land ?
would it be possible to that i suppliment my father in law make him buy and gift it to me ? he anyway plans to retire a@ my hometown Bangalore as all jis children are here. 
what would be the right way to own the agriculture land? need your expertise here .
Asked 6 years ago in Property Law
Religion: Hindu

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12 Answers

Since you both are earning around Rs 70 lakhs per annum you cannot purchase agricultural land 

2) your father in law can purchase agricultural land in his name as he is agriculturist 

 

3) he can bequeath land to his daughters in his will 

 

4) SECTION 79A (3) TO (6). Every acquisition of land otherwise than by way of inheritance or bequest in contravention of this section shall be null and void.4. Where a person acquires land in contravention of sub-section (1) or acquires it by bequest or inheritance he shall, within ninety days from the date of acquisition, furnish to the Tahsildar having jurisdiction over the Taluk where the land acquired or the greater part of it is situated a declaration

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

See since your family income is more then 25 lakh you cannot purchase an agriculture land. 

See your father in law can purchase and can gift/will it to your wife. See your father in law can purchase an agricultural land and can make a registered gift or will in favour of your wife since she is from agricultural family. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Instead buying directly on your father-in-law name you should jointly purchase on your wife's and FIL name, so other two daughters should not raised legal rights query if something goes wrong in meanwhile till the time land get transfer on your name.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. You cannot buy the land jointly with them.

2. See will to daughter or gift is best option here. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

 

 

1) 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

 

2) for transfer of agricultural land by means of gift deed in favour of family member assistant commissioner may grant permission

 

3) Asst commissioner may grant permission subject to condition that daughter ans son in law takes up agriculture within period of 1 year . if daughter / son in law cease doing agricultural activities within period of 5 years land may vest in Stat govt on payment of compensation

 

 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

You can buy the same filing the affidavit that you are a farmer but the ceiling of 25 lakhs p.a is there to purchase the same

Prashant Nayak
Advocate, Mumbai
34752 Answers
252 Consultations

Dear Sir,

First the purchaser must be an agriculturist and satisfy the following conditions. Thereafter the transfer can be made by Gift Deed in the name of daughter which is cheapest method.

=================================================================================

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.

===================================================================

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.

 

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6250 Answers
502 Consultations

1.  What you are suggesting is trying to "circumvent /cheat" the law and would have adverse repercussions and confiscation of land by govt., and losing out on your investments.  No point in beating around the bush.

2.  Apply to local district collectors office for permission to acquire land. This is granted subject to various compliance's issued by their offices.

refer:  

http://  www.  lawyersclubindia  .com/forum/Re-Can-Pvt-Ltd-Company-in-Maharashtra-buy-Agricultural-land-15364.asp

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

There are few criteria for purchasing land in Karnataka. You need to be an agriculturist and annual income should be within 25lakhs. agricultural land should be either in your name or your father's name to prove that you are an agriculturist or even grandfather name to declare you belong to agriculturist family. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

Your father in law cannot transfer the agricultural landed property to you by a gift deed or even can sell the property to you if you are not an agriculturist or having no agricultural background.

Since your income is more than the prescribed limit for a non-agriculturist buy an agricultural land in Karnataka,  you may not be able to procure the agricultural land.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

You may be aware tht the Karnataka land reforms act section 79 A and 79B are the provisions which decide about this situation.

Your father in law can make a family settlement of his properties to his children by which he can transfer the agricultural landed properties to your wife i.e..  his daughter.

You may consult an advocate in the local about this and decide on the basis of the advise received.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Dear Client 

You can buy the property jointly in name your father in law and wife ask him to relinquish his share in the property to your wife.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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