• Is it mandatory to have agri land in one's name to buy agricultural land in Karnataka?

Hello Sir/Madam,

My grand father had (inherited) agricultural land from long time. Then, after he deceased, my father inherited the land and did the conversion of entire land in 1990 to build house.
Now the converted land and house came to my name (inherited) after my father deceased (around 2006-2007).

Question 1: Can i use this land record to get agriculturist certificate. (As my father and grand father owned agri land till 1990.)
Question 2: Can I use this land record to buy any other agriculture land.
Pl. suggest me on this.

Note 1: I do not own any other agri land.
Note 2: My income is above 2 lac and below 25 lac from non-agri background.
Note 3: I am from Karnataka State. My sole purpose to buy agri land is to do agriculture.

Thanks.
Asked 6 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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13 Answers

1. See if the land is converted to non agriculture in that case the record now cannot be used to purchase agriculture land.

2. You can seek permission from deputy commissioner for purchasing land for agriculture purpose as tour family income is below 25 lakh.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) you can use land record to get agriculturist certificate 

 

2) you are at liberty to buy agricultural land for agricultural purposes 

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

No, Agriculturist means an individual or undivided family who undertakes cultivation of land by own labour, by the labor of family or by servants.

You can buy agriculture land if your individual annul income is less than 25lacs.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Not at all as once conversion get effected then ceased to be a farmer.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

1. Based on Form 6, of the Revenue Records of your GrandFather and certificate from the local Gram Panchyat office, you can buy agricultural land anywhere in India, since you will be able to prove that your family were ancestral agricultural land holders.

Visit the following link:
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

1. You can use this land record of R.T.C which had your grandfather's name and obtain Family Tree from the concerned revenue records, showing your name as the grandson of your grandfather, who was an agriculturist.

2. Based on the above, you can buy any other agricultural land.

3. Even though you are not an agriculturist now, but you are a descendent of agriculturists' family and you can say that you too and is an agriculturist.

4. Since your income from non-agricultural sources is less than Rs. 25 Lakhs and moreover you belong to erstwhile agriculturists'family, legally there is no hindrance for you to purchase agricultural land and it's not mandatory to have agricultural land in one's name only to buy agricultural land in Karnataka and if your forefathers' were agriculturists, then you will also be considered as an agriculturist.

 

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

Dear Sir,

For a non agriculturist the Tahasildar will issue agriculture family tree certificate wherein ur father or ur grand father should be an agriculturalists in the year1974 and their name should be reflecting in the government revenue records or else to buy an agriculture land u should apply to tahsildar an agriculture confirmation affidavit after scrutiny the tahsildar will issue an endorsement to buy agricultural land.

Actually the rule in Karnataka with purchasing agricultural land is something like this:

  1. You need to have agrarian roots ( i.e: Family /extended family has to have documented evidence of farming)
  2. If the above is not true, you should have an annual income less than 25 LPA to purchase agrarian land. Previously this was 5 LPA which was hiked recently to 25LPA.

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.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

No it's not necessary but the family income ceiling should be less than 25 laks pa

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

Yes you can buy agricultural land showing this land. You can show that you did have an agricultural land but converted it into a land for building a house.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear Sir

You can purchase land in your name as your ancestors seems to be agriculturist as on the cut off date given below. Sometimes inspite of that the tehsildar may issue a notice to you under section 83 of Karnataka Land reforms Act 1961 then you can show such old records and get close such cases . 

THE CONDITIONS REQUIRED TO BE SATISFIED ARE AS FOLLOWS

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.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1.  Yes, you belong to the family of agriculture background hence you can get the certificate as desired.

2. Yes, of course.

3. You can proceed, to buy the proposed and desired purchase of agricultural landed property with the given facts favoring your situation..

 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

your grand father was an agriculturist you would be eligible.

You can buy agriculture land.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Yes you can use the record of this land to get agriculturist certificate.

2. Yes you can use the land record which was on name of your father before conversion of land use. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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