You and your brother are a farmer since your father was a farmer,you need not take certificate from Rajasthan,how ever while purchasing the land in M.S. You will have to provide 7/12 details of your father thats all.Let his land be any where in India
Farmer certificate is there a legal way out
Me and my brother inherited agriculture land from father and where in possession till 2007 and later sold due to financial crunch. Now after 12yrs we a financially doing good and would like to buy a agriculture land for farming, but there is law now that you should be a agriculturist in present day or have farmer certificate in hand to buy new land. My first question is, i have proof old 7/12, 12 yrs before where in i was and agriculturist will that help. Solution was given to me to obtain a Farmer certificate from rajasthan which many people are doing now a days. If I do that issue is solved. Second question : agents are saying after you became a farmer, your younger brother still cannot become & he also has to obtained farmer certificate, which I doubt as he is my blood brother we have same father. Can I do gift deed part of land to him and include his name on 7/12 Any solution to both queries, appreciate your kind guidance. Regards
Asked 6 years ago in Property Law
Religion: Hindu
13 Answers
to obtain farmer certificate you must have existing farm land in you name or any other person who is farmer related to you or showing a proof of being agricultural or worker in a agricultural farm.
2) you can buy agricultural land in rajasthan
3) you cannot execute gift deed to your brother as he is not an agriculturist
1. Once a Agriculturist will always remain an Agriculturist, irrespective of selling off all agricultural land holdings.
2. Anyways, with the old 7x12 & Form no. 6, Apply to the District Collector for permission to purchase new agricultural land (attach proposed land documents). You will get permission in your name and in your brothers name. This may take some time but is 100% legal and safe.
3. Avoid falling into Agent's Rajasthan's agricultural 7x12 racket. You can be prosecuted if all investigations take place and is found that rajasthan 7x12 is fabricated.
Don`t think of certificate from Rajasthan, under vigilance, already one person is arrested for selling fake extract document of agriculture land and farmer certificate.
Use your old 7/12 document.
Younger brother will be excluded, Only minor children can be benefited of father agriculturist status. On becoming major, children have to engaged in agriculture activity to obtain agriculturist status.
Non agriculturist can buy agriculture land situated in the limits of Municipal Corporation; or Municipal Council; or Special Planning Authority; or New Town Development Authority etc.
So far mixed answers. Hemantji saying I can show old 7/12 of father and mine too while dealing in new land, however after new land sale deed when I go to local talathi office and if talathi refuses to accept 12yrs old 7/12 papers and asks for present day 7/12 which I don’t have. Is there any govt. of maharashtra notification/ circular available which states that old 7/12 can be utilised as proof that person was farmer in past. can I show to him and will it get resolve. Ajayji answer, I have to get farmer certificate anyhow and my brother has to again obtain farmer certificate separate. this will lead to more expenses. Hemantji is there any govt. of maharastra notification/ circular which clarifies your second point, i dont mind how much time it takes then. Can i get legal service from expert lawyer for district collector’s permission to buy a new land based on old 7/12 and form 6 documents? Yogendraji, I am getting legal land in rajasthan with name on 7/12 on govt. of raj online portal. Though your advice is correct and I agree to it, but there is no proper solution to this issue.
Asked 6 years ago
No such objection in Rajasthan to purchase agriculture land. And if you are willing to buy some land in here, 7/12 will mutate in your name and valid all over India.
unable to find any circular which states that old 7/12 extracts can be used to buy agricultural land in mahrashtra
Visit the following link:
https://www.lawyersclubindia.com/forum/Re-Can-Pvt-Ltd-Company-in-Maharashtra-buy-Agricultural-land-15364.asp
If you gift then he needs to be farmer to take that land as the same is agricultural land
Dear Sir,
Yes, you can show your old 7/12 extract. It is a enough proof that you were the agriculturist.
In Maharashtra, only an agriculturist can purchase agricultural land and if a person holds such land anywhere else in India, he can still be deemed an agriculturist in Maharashtra. The maximum ceiling limit for such land is 54 acres. ... Only a farmer can buy land in Maharashtra. If you are a farmer you can buy.
Since you had sold the agricultural property, it is an evidence or indication that you were an agriculturist or belong to an agricultural family, hence you do not have to obtain a certificate from Rajasthan for this purpose, your records of the land sold etc,should be sufficient to claim your eligibility.
You will come across many rumours and fake laws purportedly spread by mischief mongers outside.
Hence you better proceed as per your understanding, which appears to be right as per laws of the land.
Any hesitation due to the misinformation may lead to delay in the process, hence better take a decision and proceed, let the authorities say that you are not eligible for the cited reasons, which can be rectified later on as per law.
In Maharashtra, only agriculturists can purchase agricultural land. If either of a person's parents or grandparents are agriculturists, then such a person is also entitled to the purchase. If a person holds agricultural land anywhere else in India, he can still be deemed an agriculturist in Maharashtra.
The maximum ceiling limit for such land is 54 acres, depending upon the type of land or level of water supply.
You will have to show a farmers certificate and copy of land record in which your name is mutated
- For purchasing Agricultural land in Rajasthan , you need to have agriculturist roots ( i.e: Family /extended family has to have documented evidence of farming).
- Since your father was already having an agriculturist root , hence you & brother can purchase agriculture land legally.
- You should approach to concerned district Deputy Commissioner ‘s office directly , for getting agriculture family certificate and to apply for permission to buy land , after producing proof/evidence of yours fathers , ie. 7/12 document.
You can purchase the land using your old records and obtain farmer certificate on your name.
You can obtain permission from district collector for purchase of agriculture land in basis of old records of your father and both you and your brother.
