• 79 a & b

My wife purchased agriculture land in 2018, her father is an agriculturist and her family holds the phani from 1970. And income of her father's is around 3 lakhs per annum and my income is around 12 lakhs. Is there any violation.
Asked 6 years ago in Property Law
Religion: Hindu

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12 Answers

No there is no violation as the income is below 25 lakhs pa

Prashant Nayak
Advocate, Mumbai
34687 Answers
249 Consultations

No, you can't purchase agriculture land in bangalore u/s 79 A&B.

 

but the other seller bequeath the land to you and your wife than it is possible.

 

Section 79A (3) Every acquisition of land otherwise than by way of inheritance or
bequest in contravention of this section shall be null and void.

 

Plus you can form a Trust if you are not going to work yourself  on the agriculture land

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Wife is at liberty to purchase agricultural land on her name as her father is an agriculturist

 

2)  

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

 

 

3) 
 section 79 A is clear the income of family in preceding 5 years should be less than25 lakhs from other sources

 

4) amendment empowers deputy commissioners of districts, instead of assistant commissioners, to grant permission for non-agriculturists to purchase agricultural land under Section 80 of the Act.

 

5) SECTION 79A (3) TO (6). Every acquisition of land otherwise than by way of inheritance or bequest in contravention of this section shall be null and void.4. Where a person acquires land in contravention of sub-section (1) or acquires it by bequest or inheritance he shall, within ninety days from the date of acquisition, furnish to the Tahsildar having jurisdiction over the Taluk where the land acquired or the greater part of it is situated a declaration

 

 

Ajay Sethi
Advocate, Mumbai
100012 Answers
8163 Consultations

as per the section, your wife can purchase the land since the income is less than 25 lakhs 

Suneel Moudgil
Advocate, Panipat
2394 Answers
6 Consultations

1. In view of amendment to the Karnataka Land Reforms Act 2015, non-agricultural annual income should not exceed Rs.25 Lakhs and in the instant case, it's well within the stipulated ceiling. Hence there is no violation of 79a.

2. Since your wife's father is an agriculturist and her family holds the phani from 1970, there is no violation of 79b.

Shashidhar S. Sastry
Advocate, Bangalore
5638 Answers
339 Consultations

Dear Sir,

The answer is in your favor. It is no violation. Your wife will be considered as agriculturist as her family members holds the agricultural land further her income is less than Rs.25 lakhs (as per amended provision).

=====================================================================================

You must satisfy the following conditions, if not then you must get a certificate showing you are agricultural labor.  The later is easy because even Amithab Bachan taken such certificate to legalize his purchase of agricultural fields that is coffee estates.

(i) That he is coming from agricultural family and holding agricultural lands as on prescribed date i.e., 01.03.1974.

 

(ii) That his individual income is less than Rs. 2,00,000/- per annum and

(iii) That he is having source of income to purchase above agricultural land.

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 25 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 25 lakhs per year.

===================================================================

Dear Sir,

It seems are being misguided by someone. Each partner/co-sharer must satisfy the following conditions to purchase the agricultural land.

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 25 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 25 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.
Dear Sir,

KARNATAKA  LAND REFORMS ACT 1961

RESTRICTIONS ON 1

[HOLDING OR]

TRANSFER OF AGRICULTURAL LANDS

[79A. Acquisition of land by certain persons prohibited.—(1) On and

from the commencement of the 3

[the Karnataka 4

[Land Reforms

(Amendment) Act, 2015]4

]

, no person who or a family or a joint family which

has an assured annual income of not less than rupees 4

[[twenty fivelakhs from sources other than agricultural lands shall be entitled to

acquire any land whether as land owner, landlord, tenant or mortgagee with

possession or otherwise or partly in one capacity and partly in another.

=========================================================================

79B. Prohibition of holding agricultural land by certain persons.—(1)

With effect on and from the date of commencement of the Amendment Act,

except as otherwise provided in this Act,—

(a) no person other than a person cultivating land personally shall be

entitled to hold land; and

(b) it shall not be lawful for,-

(i) an educational, religious or charitable institution or society or

trust, other than an institution or society or trust referred to in subsection

(7) of section 63, capable of holding property;

(ii) a company;

(iii) an association or other body of individuals not being a joint family,

whether incorporated or not; or

(iv) a co-operative society other than a co-operative farm, to hold any land.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6248 Answers
501 Consultations

Even  without an agricultural background a person is eligible to buy agricultural land in Karnataka with an income up to Rs. 25 lakhs. 

Hence there's nothing to be worried on this. 

T Kalaiselvan
Advocate, Vellore
90214 Answers
2507 Consultations

See you wife belongs to agricultural background therefore she can purchase agricultural land.

As far as clause for income is considered though income is below 25 lakh in that permission of Deputy commissioner is required though in your case the permission part doesn't come as she has an agricultural family.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Sir,

What is Agricultural Income?

The meaning of agricultural income is different in the Income Tax Act which comprises of the following three:

  • Any revenue or rent received from any agricultural land in India. This does not pertain to the income earned from selling of agricultural land.
  • Any income earned from agricultural land from the following activities:

  • Agriculture; both basic and subsequent activities. Basic operations comprise of cultivation which included different activities that are performed using human skill and have an effect on the land.
  • Any process by the owner of the land who receives the rent in a non-monetary way or the cultivator that results in agricultural produce which can be taken to the market to be sold
  • By sale of the produce of the agricultural land

  • Any income attributable to a farm house which is required for operations for agriculture. The building has to be situated close to the land and is required as a warehouse or as a house for residential purpose 

There is a complete tax rebate on agriculture income in these cases

  • If your total agricultural income is less than Rs. 5,000;
  • If the income from agricultural land is your only source of income i.e. no other income;
  • Where you have both agricultural income and other income and if the total income excluding such agricultural income is less than the basic exemption limit.

But, in case, your agricultural income exceeds Rs. 5,000 and you have other sources of income too, then, the tax liability for that year is to be calculated following the procedure as under:

  • Compute income tax on the aggregate income (i.e. agricultural income + other income) as per the prevailing income tax rates.
  • Compute income tax on sum of amount of basic exemption limit plus agricultural income as per the prevailing income tax rates.
  • Now, Compute (1) – (2) to arrive at the tax liability for the year.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

NO violation. Married major daughter dose not consider family member of father.

Wife can hold agri. land if her income limit not exceed 25lacs per annum.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Your wife can purchase agriculture land .

under Section 79A or B of the Karnataka Land Reforms Act, 1961, in respect of the property in question. 79 A and B, the income is extended from 2 Lakh to 25 Lakh per annum. 79B prohibits of holding agricultural land by certain persons. For purposes of this section, it shall be presumed that a land is held by an institution, trust, company, association or body where it is held by an individual on its behalf.

Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

  1. As per the information mentioned in the present query, makes it clear that your wife has purchased the agricultural land as her father was also an agriculturist.
  2. I would like to inform you that there is no such violation at your end of any prohibition act either central or state legislation as she is from the family of her father who was agriculturist.
  3. In fact, there are people now a days, who have been with prior permission from the SDMs despite of non agriculturist are buying the the said land for the purpose of agriculture.
  4. The law has not been little less stringent in comparison to initial phase of farming long time ago. This is also been done to encourage the farming activity more than the industrial one.
  5. Rest, you are free to contact me through Kanoon for any further legal assistance.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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