• Tamil Nadu agriculture land

Dear Lawyers, 

1) The TN Land Reforms Ceiling Act states that an individual can only 15 standard acres. Now for conversion of this standard to normal please refer to the below link https://www.jstor.org/stable/4536857?seq=1#metadata_info_tab_contents 
Can anyone give me the latest conversion factor since the assessment values given in the above link are quite outdated (1975)
2) A family of 8 can hold maximum 30 standard acres. Does this mean is it ok for those 30 standard acres to be in the name of 1 individual as long as there are 8 members in the family? Can my grandmother, nephew, niece be considered family members.
3) Does a LLP (which is allowed to hold 15 standard acres legally) have to take permission from the TN state government before buying the agricultural land of 15 standard acres
4) What is the maximum extent (%) and floors one can build on an agriculture land? Please share legal extract or act that clearly clarifies this point
5) Why are the tax benefits of LLP better than Pvt Ltd for buying agricultural land? Please explain in detail these higher benefits
Asked 14 days ago in Property Law from Chennai, Tamil Nadu
Religion: Hindu

FAMILY

 

Family consisting of not more than 5 members 

2) Under this Act, Companies can hold up to 30 standard acres of agricultural land.

3) In case the Company buys agricutural land in excess of the 30 standard acre ceiling limit, it can obtain exemption from the ceiling under S.37-A of the Act

4) SECTION 37-A

GRANT OF PERMISSION TO INDUSTRIAL or COMMERCIAL UNDERTAKINGS TO ACQUIRE or HOLD LAND ACQUIRED IN EXCESS OF CEILING

Permission under section 37-A of the Act to be obtained from the Government. Application is to be filed in Form 36 prescribed under the rules

The High Court in the year 2002 held - prior permission for purchasing the lands is mandatory

Amendment Act 23 of 2010 passed for permitting those who had purchased the excess land without approval to obtain Government permission

Application within 180 days to hold any land acquired in excess of the ceiling area purchased before 25.11.2010, and within 180 days from the date of purchase of lands acquired after 25.11.2010

The following documents should be produced:-

i) Certificate of Incorporation and MoA

ii) Project report

iii) Patta or chitta copy or sale deed document copy

iv) Annual Reports of the company for last 3 years

v) Survey No.-wise land details both within ceiling limit and excess covered u/s 37-A of the Act

vi) Copies of licenses / permisioncertificates issued by the concerned authorities for the project

 

4) LLP would need prior permission from state govt to purchase more than 30 acres of land 

Ajay Sethi
Advocate, Mumbai
67030 Answers
4046 Consultations

5.0 on 5.0

8 members should hold it

Yes llp allowed

Llp has coordination of personal love and your professional 

Prashant Nayak
Advocate, Mumbai
12963 Answers
23 Consultations

4.6 on 5.0

Yes family of 8 members can hold a land 30 acres 

Yes LLp can hold more that 30 acres land but it need permission from govt prior to purchase of land. 

Company can hold land more than 30 acres. 

Mohit Kapoor
Advocate, Rohtak
3599 Answers
1 Consultation

5.0 on 5.0

You can contact Sub Collector / Revenue Divisional Officers in the district.for making enquires for purchase of agricultural land by LLP

 

as on date, 30 standard acres of land is the maximum extent of land that a family can hold in the State.

 

3) 30 acres should not be in name of one individual 

 

4) LLP would need to obtain permission from state govt to purchase 15 acres of agricultural land 

Ajay Sethi
Advocate, Mumbai
67030 Answers
4046 Consultations

5.0 on 5.0

Family consists of Husband,wife, minor son, unmarried daughter, minor grand son/daughter.

LLP - N permission require.

Construction of floor acc. to area of land. Limited portion can be use for residence purpose, g+2 floors.

Same tax liability.

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

Various states follow different procedures  pls consult local lawyer. 

Mohammed Mujeeb
Advocate, Hyderabad
10264 Answers
3 Consultations

4.5 on 5.0

No need to get disappointed you should contact a local advocate who can satisfy you.

Mohit Kapoor
Advocate, Rohtak
3599 Answers
1 Consultation

5.0 on 5.0

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