• Buying agricultural land in Karnataka

My mother-in-law purchased agricultural land in Karnataka in 2011 with the help of a special permission from DC. At that time her income was less than 2L but she did not have prior farm-land ownership hence the reason for obtaining special permission from DC. She currently has a Pahani for the above agricultural land purchased in 2011. We would like to purchase another agricultural land but her income this year (FY ending Mar-2019) is more than 25L. He daughter (my wife) and I jointly have less income than 25L. What are the legally fool-proof options to purchase agricultural land?

1. Is Pahani from 2011 good enough to buy agricultural land, or one needs to be a farmer-family all the way back from 1961?
2. Can my mother-in-law buy agricultural land after March-2020 if her income is less than 25L for that year?
3. Can my wife buy agricultural land using her mother's Pahani as my wife and I jointly have less income than 25L?

Thank you
Dev
Asked 4 years ago in Property Law
Religion: Hindu

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12 Answers

Dear Sir, you can purchase the agricultural land, once you got the permission there is no need to obtain permission again and again. Further, the annual income of 5 years will be taken into consideration for 25 lakhs income slab.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

section 79 A prohibits purchase of agricultural land by any person or family who have annual income of more than Rs 25 lakhs from non agricultural sources

 

2) your mother in law can purchase agricultural land if her income is less than Rs 25 lakhs for that year 

 

3) wife can purchase agricultural land if her mother is holding agricultural land in her name 

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

You joint income is less than 25lacs. Can purchase in joint ownership. Married daughter and son in law dose not count family members of mother in law so her agriculturist status has no avail for you and wife.

IF she has acquired agriculturist status, than income limit will not apply to her. She can purchase agri land up to prescribe ceiling.

If she dose not have agriculturist status than she can purchase on reduction of income next year.

No need of mother in law Pahani, can purchase in joint name. MIL can sponsor as gift.

Yogendra Singh Rajawat
Advocate, Jaipur
22633 Answers
31 Consultations

4.4 on 5.0

1.  In my opinion, the pahani on the name of your mother in law would help your wife to acquire the agricultural property, however since you both are having an income less than Rs. 25 lakhs, this requirement also may not be necessary

2. Since your mother in law is already an agriculturist by virtue of being a owner of agricultural landed property, she can proceed with the said purchase..

3.  Yes, you can see the answer to the first question above.

 

T Kalaiselvan
Advocate, Vellore
84913 Answers
2195 Consultations

5.0 on 5.0

1. See mother in law can purchase agriculture land based on 2011 documents. Though you and your wife to purchase agriculture land in your name when your income is below 25 lakh can apply for permission before Assistant commissioner and on permission can purchase the agriculture land.

2. See can now also purchase it.

3. You both based on joint family income can apply for permission and can purchase in your names.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

She can't purchase the same now as she has crossed the ceiling. But she can do it in other relatives name but the govt scanner can be on them. I will not advice the same as penalties are huge

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

on your mother in law documents base your wife can purchase agricultural land in Karnataka State.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear Sir,

Actually the rule in Karnataka with purchasing agricultural land is something like this:

  1. You need to have agrarian roots ( i.e: Family /extended family has to have documented evidence of farming)
  2. If the above is not true, you should have an annual income less than 25 LPA to purchase agrarian land. Previously this was 5 LPA which was hiked recently to 25LPA.

I know lot of my friends who were happy about this rule and purchasing agriculture land was not a problem for them after this rule was passed. However do note that the loans lent out for this is not something like buying a site.

There are some technicalities like if you want to buy agrarian land in the name of a non-employed spouse, you cannot provide the amount etc… It has to be proved that the spouse has got it via a windfall or inherited the amount ( things like that)

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

- As per rule in Karnataka for purchasing agricultural land:- 

i. You need to have agriculturist roots ( i.e: Family /extended family has to have documented evidence of farming)

ii. For a non-agriculturist , your annual income should be less than 25 Lakh P.A .Previously this was only 5 Lakh P.A which was hiked recently to 25LPA. Hence

1. Since your mother in law is already an agriculturist root , hence she can purchase extra agriculture land legally.

2. She can purchase more land , becuase this 25 lakh slab applied for a non-agriculturist.

3. Since your and your wife income is less than 25 lakh per annum, then you both are entitled to purchase agriculture land as per your wish. 

- You should approach to concerned district Deputy Commissioner ‘s office , apply for permission to buy land.

- But the permission is granted with a condition that you will cultivate the land for 5 years from the date of purchasing the land.

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
13219 Answers
198 Consultations

5.0 on 5.0

Dear Sir,

My answers are as follows:

 

1. Is Pahani from 2011 good enough to buy agricultural land, or one needs to be a farmer-family all the way back from 1961?

 

Ans: Your wife is entitled to purchase agricultural land since her mother is holding agricultural land.

 

2. Can my mother-in-law buy agricultural land after March-2020 if her income is less than 25L for that year?

 

Ans: Since your mother-in-law already permitted to purchase a agricultural land now she is at liberty to purchase further agricultural lands without looking into her present income.

 

3. Can my wife buy agricultural land using her mother's Pahani as my wife and I jointly have less income than 25L?

 

Ans: Yes. But, the revenue authorities later make some issue but you will win the case in the High Court.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

1. Existing Agriculturists and their Family members can purchase agricultural land without any permission from DC office, based on the land revenue documents (7x12, form 6, gat map, etc.... )

2. Visit the following link:
https://www.lawyersclubindia.com/forum/Re-Can-Pvt-Ltd-Company-in-Maharashtra-buy-Agricultural-land-15364.asp

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Pahani of 2011 will be enough.

Yes she can purchase agricultural land.

No your wife cannot purchase agriculture land because now she is considered as your family after her marriage and you don't own any agricultural land. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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