• Buying land as a gift

I'm 25 years old and planning to buy an agricultural land of 18 guntas near Mysore, Karnataka. Neither my parents nor me have agricultural land. Can I take it as a gift from the seller? If yes, what are the consequences of that. My other plan is to register it to my relative (cousin's father in law)first and later take from him as a gift. I want to know what are the consequences of taking a property as the gift and it's charges. Can I sell the property after taking it as a gift? Will I get complete right on the land if I'm taking it as a gift? Should I take signatures from relatives children and grandchildren or will they have right on it?

Thanks in advance
Asked 1 year ago in Property Law from Mysore, Karnataka
Religion: Hindu
1) do you satisfy the criteria of buying agricultural land in karnataka /

2) you need to be an agriculturist and income of family should not exceed Rs 2 lakhs per year to buy agricultural land in karnataka 

3)section 79 A prohibits purchase of agricultural land by any person or family who have  annual income of more than Rs 2 lakhs from non agricultural sources 

4) No sale, gifts, exchange or lease of any land shall be valid in favour of person who is not an agriculturist
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
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 2 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 2 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.

From your contents I am afraid that you may not become eligible to purchase the proposed agricultural land.
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0
1) if your relative is an agriculturist he can buy agricultural land in karnataka provided his family income is not more than Rs 2 lakhs per annum from non agricultural sources 

2) since you are not an agriculturist your relative cannot gift land to you 

3)NHERITANCE AND BEQUEST
SECTION 79A (3) TO (6)3. Every acquisition of land otherwise than by way of inheritance or bequest in
contravention of this section shall be null and void 

4)section 80 of karnataka land reform act bars non agriculturist from being gifted agricultural land in karnataka . 
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
your relative  has  to make application to assistant commissioner for permission to gift such land . Asst commissioner may grant permission subject to condition that you   takes up agriculture within period of 1 year . if you  cease doing agricultural activities within period of 5 years land may vest in State govt on payment of compensation 
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
To purchase agricultural land you must already own agricultural land and your family income should be less than Rs 2 lakh per annum. Otherwise you cannot purchase agricultural lands in Karnataka.

A HUF can purchase agricultural property but its income should be less than Rs 2 lakh per annum and it should also own agricultural land prior to purchase. The ceiling limit is 20 acres for a HUF with more than 5 members. If there are less than 5 members, the ceiling limit is 10 acres.

So purchase this land through HUF and thereafter receive the land as a gift. After acceptance of gift in the lifetime of donor, you get absolute right in the property.
Shivendra Pratap Singh
Advocate, Lucknow
2693 Answers
41 Consultations
4.9 on 5.0
If the property is on his name and he is a legal owner then he can execute the gift deed in your favour and get the same registered before sub registrar.  For better understanding a Gift Deed is a legal document that states how much you received, from whom and when. Any person who is competent to contract can gift his property. The person transferring the property is called the donor and the person accepting the gift is the Donee. A minor cannot be a donor but can be a Donee. If the property is gifted to a minor, on behalf of a minor, a natural guardian can accept a gift containing a condition that the person nominated in the gift deed will act as a manager of the gifted property. The person making the gift and the one receiving must both sign the gift deed.
However if you can purchase the land from him , it will be a better option
Sudershani Ray
Advocate, New Delhi
192 Answers
25 Consultations
4.9 on 5.0
1. You can take the land as a gift from the seller 

2. However, once it is transferred to you, you need to inform the Tahsildar and the DC will notify and declare it to be govt property. You will be entitled to compensation for it, based on the guidance value.

Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
No person who has as assured annual income of not less than two lakh rupees from sources other than agricultural lands shall be entitled to acquire an agricultural land whether as a land owner, landlord, tenant or mortgagee. 

Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
A. If you want to purchase agricultural land that you or your ancestors must be an agriculturist and your income shall not exceed more than 2 Lakh.

B. Any gift of agricultural property is not permitted to non agriculturist. Because, you don't have any right to acquire the same when you are not eligible.

C. However, you can purchase the same after the convert the land from agricultural to nonagricultural purpose or you can buy the same land if the land nature is plantation which can be seen in Malnadu coorg, Hassan, Chikkamagalur District.

D. In my opinion, you would better purchase the land in the name of your cousin who must be agriculturist and income shall not exceed more than 2 lakh and after the purchase that convert the land, then you can purchase without any legal hassles. 

B.T. Ravi
Advocate, Bangalore
733 Answers
29 Consultations
5.0 on 5.0
1. You can not buy or get a deed of conveyance registered in yopur name if you are not an agriculturist,

2. Let your agriculturist relative buy the land and apply for conversion of the land,

3. After conversion you can get the gift deed registered in your name.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
1. The Registrar will refuse to register the gift deed if you are found to be a non-agriculturist,

2. Get the land converted before gifting you as suggested in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0

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