• Buying less then 5 acres of agricultural land in karnataka by non agriculturist

Hi - Can i buy less then 5 Acres of Agricultural Land for purpose of Agriculture in Karnataka. 
My family income is over 25L / Annum & have no family history in land ownership.
Asked 6 years ago in Property Law
Religion: Hindu

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11 Answers

Yes you can but you need to file an affidavit that you are interested in agricultural activities

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

What is your individual income ? If your individual income is less than 25L, you have purchase agri. land. Limit tis on purchase of maximum land not on limited land.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1. Since your income exceeds the maximum ceiling of Rs. 25 Lakhs fixed for buying agriculture land by a non-agriculturist , you are not entitled to buy agricultural land.

,2.  It doesn't matter whether you are buying less than 5 acres or not, if your income exceeds Rs.25 Lakhs and if you are not a agriculturist, you will not be eligible to buy agricultural land in Karnataka, as per the rules in force.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

Visit the following link, for most of the information you would require:
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

since your family income is over Rs 25 lakhs per annum and you are non agriculturist you cannot buy agricultural land in Karnataka 

 

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) 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 Act.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You cannot purchase agricultural land in Karnataka if you are not agriculturist or family income is above 25 lakh.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can buy agricultural land in Karnataka provided your annual income is less than Rs. 25 lakhs, but the extent of property that can be bought can be enquired from the revenue department  as this involves local laws as well.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

There are few criteria for purchasing land in Karnataka. You need to be an agriculturist and annual income should be within 25lakhs.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear Sir,

Whether you by 5 acres of land or less land you must comply the following conditions.

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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.

 


  1. Transfers to non-agriculturists barred.—1 [(1)]1 (a) No sale (including sales in execution of a decree of a civil court or for recovery of arrears of land revenue or for sums recoverable as arrears of land revenue), gift or exchange or lease of any land or interest therein, or (b) no mortgage of any land or interest therein, in which the possession of the mortgaged property is delivered to the mortgagee, shall be 2 [lawful]2 in favour of a person,— (i) who is not an agriculturist, or 1962: KAR. ACT 10] Land Reforms 99 (ii) who being an agriculturist holds as owner or tenant or partly as owner and partly as tenant land which exceeds the limits specified in section 63 or 64; or 3 [(iii) who is not an agricultural labourer; or (iv) who is disentitled under section 79A or section 79B to acquire or hold any land:]3

Provided that the Assistant Commissioner having jurisdiction over the area or any officer not below the rank of an Assistant Commissioner authorised by the State Government in this behalf in respect of any area may grant permission for such sale, gift, or exchange, 3 [to enable a person other than a person disentitled to acquire or hold land under section 79A or section 79B]3 who bona fide intend taking up agriculture to acquire land on such conditions as may be prescribed in addition to the following conditions, namely:— (i) that the transferee takes 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.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Dear Sir,

Yes Its possible for a non agriculturist to buy a land in Karnataka , 2 ways of doing it .

  1. If your income is less than 25 lakhs P.A , finalise the land you wish to buy , go to concerned district Deputy Commissioner ‘s office , apply for permission to buy land ( the permission is granted with a condition that you will cultivate the land for 5 years from the date of purchasing the land ) . in future you can use that permission to sell and buy a new land . or additional land if you wish to .
  2. Buy land in A.P ( pavagada 1 acre 2–3 lakhs , you can by 1/4th acre ), you will get agricultural certificate immediately upon registration of the land , use that to buy land in KA , and enjoy farming .

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1. No you cannot purchase agriculture land if you have more than 25L family income.

2. If you have income less than 25 L then you can apply for permission from district collector for purchase of agriculture land.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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