Even after marriage, daughter dose not count in family of parents. If your wife income is less than 25 lacs, what is the need of Pahani. She can purchase agriculture land.
No requirement if she has agriculture background or not.
Definition of agriculuture family
My wife is from Agriculture family and her mother owns agriculture land in Andhra Pradesh. AFter marriage she did not change her surname as it was her choice not to take my surname as she is a Hindu and I am a christian. She purchased a land in Karanataka Submitting the proof of her Mother's Pahani proving that she is from Agriculturist family. however after sale deed registration - mutation process - the said Tahslidar is questioning that she is not eligible for buying the land and says that a Pahani which is on my name needs to be submitted to complete the mutation process which i dont have since I am not from agricultural family. Kindly suggest the way forward.
Asked 6 years ago in Property Law
Religion: Christian
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12 Answers
In the present circumstances, your wife may submit an affidavit that she retained her parental business, retained family title and did not change her name after marriage. Further, she is an agriculturist.
Thanks for the suggestion to submit affidavit that she will retain the family business, she is not changing the surname after marriage and that she is an agriculturist. However as per rules she is also eligible to buy it as a non agriculturist since she does not have income of 25 lakhs. Can I ask Tahslidar to consider this and complete the mutation since either ways she is eligible for buying the land as per rules of Karnataka.
Asked 6 years ago
Yes,
You are right and you may mention those things in affidavit too.
Mere non changing of surname dose not make any difference. And to retain/obtain agriculturist status, - who cultivates personally or through labor.
She may not have document that she is into agriculture activity.
Use income limit thing - no objection.
your wife can purchase agricultural land as she belongs to agricultural family
2) she has not changed her sur name after marriage .
3) it is not necessary that husband needs to be agriculturist for wife to purchase agricultural land in her name
Dear Sir,
You have to produce all the documents asked by the revenue authorities or approach the High Court or concerned higher authority to get appropriate relief.
inform tehsildar that unable to produce pahani of husband owning agricultural land in Karnataka
enclose documentary evidence of mother having agricultural land in her name
It is not necessary to change her religion or surname after marriage she can retain it. Unless she has changed her religion to yours and you are not eligible then she cant take advantage. Presently she still being Christian and eligible for the said facility can take it
Dear Sir,
The Food and Agriculture Organization of the United Nations defines a "family farm" as one that relies primarily on family members for labour and management. In some usages, "family farm" implies that the farm remains within the ownership of a family over a number of generations.
You can not purchase agricultural land on your name as you are not farmer but you can buy it on your wife and childrens name.
but as per new amendment non agriculturist can buy following agriculture lands. ... Your wife being a daughter of an agriculturist and also belonging to an agricultural family, she may be eligible for buying agricultural landed property. You can purchase agricultural land on her name.
1. Visit the following link:
https://www.lawyersclubindia.com/forum/Re-Can-Pvt-Ltd-Company-in-Maharashtra-buy-Agricultural-land-15364.asp
2. Married or Unmarried Daughter of a ancestral agricultural land holder, is by legal default, eligible to purchase agricultural land, based on the Land Revenue documents of their Parent's holding. There is no need for husband's side land holding. The Tahsildar is in error. An appeal before the District Collector would get you an favorable & conclusive order.
The Tahsildar's refusal to mutate the revenue records are not in line with the legally permitted process for this purpose.
You may ask him to give his refusal in writing quoting the relevant laws in this connection, which can be challenged by preferring an appeal or by filing a suit directing the Tahsildar to mutate the records as per law by producing the relevant documents to support her claim.
You have rightly understood the law involved in this.
Either she or you who have income less than Rs. 25 lakhs together, can buy agricultural landed property even though you both are not agriculturists.
The refusal by Tahsildar to recognise her agricultural background or family is against the prevailing law, they have not updated their data base, hence you can take legal steps against the Tahsildar on this.