• Can non-agriculturist buy agricultural land in Karnataka?

Hello! This question is on behalf of a friend. He is interested in buying agricultural land for farming purpose. 

I am a working professional and my annual income is under 25lac. I want to buy agricultural land in Karnataka. However, I don't have a history in farming nor do I hold any agricultural land anywhere else in India.

I have heard from a couple of friends that if interested I can still go ahead and buy. Because the income is under the said limit.

Is this true? Can I buy agricultural land in Karnataka?
And yes I want to buy agricultural land for farming only. No intentions for using it for rent/lease or construction.
What all documents to take before buying the agricultural land?
Asked 6 years ago in Property Law
Religion: Hindu

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17 Answers

There are few criteria for purchasing land in Karnataka. You need to be an agriculturist and annual income should be within 25lakhs. agricultural land should be either in your name or your father's name to prove that you are an agriculturist or even grandfather name to declare you belong to agriculturist family. if not you can obtain permission from DC and give undertaking that, within one year from date of purchase you will cultivate land and for five years will not sell the land.

Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

Yes, you can buy agriculture land. You comes under income limit exemption. Before purchase, cross check clear title of seller carefully.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

If the family income is below 25 lakh for consecutive 3 years then with permission of Deputy commissioner of department you can purchase an agriculture land.

You need to put forth an purposely for permission showing intent of agriculture seek permission then purchase the land.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

the 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 Karnataka land reforms Act.

However there are restrictions in the form of permissions granted for persons taking agriculture bonafidely on conditions such as

(i) that the transferee shall take up agriculture within one year from the date of acquisition of land, and

(ii) that if the transferee gives up agriculture within five years, the land shall vest in the State Government subject to payment to him of an amount equal to eight times the net annual income of the land or where the land has been purchased, the price paid for the land, if such price is less than eight times the net annual income of the land.

Ajay Sethi
Advocate, Mumbai
100035 Answers
8167 Consultations

1. You can purchase the land since covered in Income category, 

 

Suneel Moudgil
Advocate, Panipat
2394 Answers
6 Consultations

Dear Sir,

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
6249 Answers
502 Consultations

You can buy but your annual income ceiling should be 25 lakhs. 

Prashant Nayak
Advocate, Mumbai
34708 Answers
250 Consultations

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

  1. You need to have agriculturist roots ( i.e: Family /extended family has to have documented evidence of farming)
  2. 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 25 Lakh Per Annum. Hence

- Since your income from all sources is less than  25 lakh then even being a non-agriculturist ,you can purchase agriculture land there.

- You should approach to concerned district Deputy Commissioner ‘s office , for getting agriculture certificate and to 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.

Mohammed Shahzad
Advocate, Delhi
15871 Answers
243 Consultations

The Karnataka Land Reforms Act, 1961, restricts a person or family from non-agriculture background from buying farmland. From 1995, only those with less than an annual income of ₹2 lakh were allowed to buy farmland (before 1995, the ceiling was ₹50,000).

 

Now the state government is planning to amend the act from 2 lakhs to 25 lakhs annual income for ceiling.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1) check whether seller has all original chain of documents of title 

 

2) also whether in revenue records his name is reflected as owner of land 

 

3) you can take 30 years title search to check whether title is clear and marketable 

Ajay Sethi
Advocate, Mumbai
100035 Answers
8167 Consultations

See you need to verify the title documents of land and mutation, you need to confirm that there is no pending loan or the property is not under any litigation before any court or authority.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You need to get the title search, Encrumbrance certificate for last 30 years, If any. 

Prashant Nayak
Advocate, Mumbai
34708 Answers
250 Consultations

Non encumbrance certificate from seller and all original documents from the origin of property. 

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

title deeds, property extracts, mutation entries for the last 30 years and also before giving title clearance cert invite objections by public notice.



Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

1. Yes a non agriculturist whose income is less than 25 lakhs can buy agricultural land in Karnataka.

2. For purchase of land permission from District collector is mandatory for non agriculturist.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Even as a non-agriculturist  an individual can buy agricultural landed property if his income is less than Rs. 25 lakhs per annum as per the latest land reforms act in Karnataka state.

T Kalaiselvan
Advocate, Vellore
90235 Answers
2508 Consultations

It is a big list most of which are incidentals, hence you may better approach a local advocate who will be able to guide you properly in this regard.

 

T Kalaiselvan
Advocate, Vellore
90235 Answers
2508 Consultations

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