• Eligibility to purchase agriculture land in Karnataka

I am a non-agriculturist wanting to purchase agriculture land in Karnataka to start small scale agriculture activities. My family does not have a history of agriculture in my knowledge. In view of the 2015 amendment made to the Karnataka Land Reforms Act of 1961, I have the following questions:
1. By family income, does it imply income of myself and wife only or even my parent's income? Please note my parents do not live with me.
2. My family income (myself+wife) is less than 25L per annum. Does this make me eligible to purchase agriculture land in Karnataka or are there any income related caveats?
3. With the above items addressed, are there any unforeseen legal risks in keeping possession of agriculture land thus purchased?
4. One of the condition states a non-agriculturist person purchasing agriculture land should start farming no later than 1 year and should continue so for atleast 5 years. What constitutes as farming here? Do I need to utilize the whole land for a crop or can I do partial farming for personal use using methologies like Permaculture? Also, is leasing out the farm a valid option for farming?
Asked 12 days ago in Property Law from Bangalore, Karnataka
Religion: Hindu

1) family income would mean your and wife income as staying separate from parents 

 

2) you can purchase agricultural land as family income less than Rs 25 lakhs 

 

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 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
74527 Answers
4458 Consultations

5.0 on 5.0

 - 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 also even being a non-agriculturist also can applied and purchase agriculture land in Karnataka.

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

1. Since you are already married , and living separately from parents , hence your and wife's income will imply. 

2. Yes , you are eligible to purchase .

3. No risk , you will get certificate/permission for purchasing 

4. As per law. you will have to cultivate /farming the land till 5 years from the date of purchase. 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
2540 Answers
35 Consultations

5.0 on 5.0

Family income includes husband, wife and minor children. If land purchase in the name of HUF.

You can purchase in individual name. Only your income status will consider. Well can purchase in joint ownerhsip. Annual income is less than 25lacs.

Farming - Cultivate maximum portion of land. You can lease it, hire labour for yield etc.

Yogendra Singh Rajawat
Advocate, Jaipur
18502 Answers
22 Consultations

4.6 on 5.0

1. Income of you and your wife.

2. Yes it makes you eligible you can apply for permission before Deputy Commissioner.

3. Firstly you should apply for permission once you receive same you can purchase the property.

4. You can engage people to do farming on your behalf. 

Shubham Jhajharia
Advocate, Ahmedabad
24319 Answers
96 Consultations

5.0 on 5.0

1. If you are living with your wife and children alone, then it will be called s your family especially if your parents are not living with you then they may not be included in your family.

2. Your understanding is right that since your own family income is less than Rs. 25L, you may be eligible for purchasing the agricultural landed property.

3. What risks, don't worry about a non-existent thing.

4. You can go through the conditions as mentioned in the latest land reforms act to get more clear idea about all such doubts.

 

T Kalaiselvan
Advocate, Vellore
64506 Answers
835 Consultations

5.0 on 5.0

It will include all of your income if you stay together. 

Yes below 25 lacs you can purchase 

No if the above criteria is fulfilled then no issue. 

You can do partial farming. 

Prashant Nayak
Advocate, Mumbai
18628 Answers
34 Consultations

4.6 on 5.0

 you and your wife to purchase agriculture land in your name when your income is below 25 lakh can apply for permission before Assistant commissioner and on permission can purchase the agriculture land.

you can buy the agriculture land even though you are a non-agriculturist. 

 

Mohammed Mujeeb
Advocate, Hyderabad
15553 Answers
7 Consultations

4.5 on 5.0

This can be effectively answered by only a Karnataka based lawyer.

Ashish Davessar
Advocate, Jaipur
28645 Answers
835 Consultations

5.0 on 5.0

Dear Sir,

The family income may include the income of all the family members. In the present case, you may include only yourself and wife's income. Your present income makes you eligible for the land purchase for agriculture and you may pursue the profession of agriculture as well (even by leasing the land). You may use the partial land as well.  

Ganesh Singh
Advocate, NEW DELHI
4431 Answers
9 Consultations

4.5 on 5.0

1. Family income consists of yours and your wife's income 

2. Yes 

3. No, there are no complications in doing so

4. Thats a matter of record, can be fulfilled only by doing some formal activities 

 

Rahul Jatain
Advocate, Rohtak
2411 Answers
4 Consultations

4.9 on 5.0

Dear Sir,

My answers are as follows:

  1. By family income, does it imply income of myself and wife only or even my parent's income? Please note my parents do not live with me.

Ans: Family includes yourself and your wife only.

1.My family income (myself+wife) is less than 25L per annum. Does this make me eligible to purchase agriculture land in Karnataka or are there any income related caveats?

Ans: Yes. I had worked for Asst Commissioner for Revenue, Bengaluru South and North after retirement and also worked as Head of Legal Cell for Revenue Department, Karnataka Govt.

2.With the above items addressed, are there any unforeseen legal risks in keeping possession of agriculture land thus purchased?

Ans: You have take permission to purchase the agrl. Land from Asst. Commissioner of Revenue Dept.

3,One of the condition states a non-agriculturist person purchasing agriculture land should start farming no later than 1 year and should continue so for atleast 5 years. What constitutes as farming here? Do I need to utilize the whole land for a crop or can I do partial farming for personal use using methologies like Permaculture? Also, is leasing out the farm a valid option for farming?

Ans: Such conditions are formal, you should break your head

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

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,

 

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. 25,00,000/- 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.

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

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, Bengaluru
5283 Answers
171 Consultations

5.0 on 5.0

By family income it means your family ie you and your wife. You may take possession and there is nothing problematic in that.

You may cultivate a portion of the land and give the rest on lease.

Rahul Mishra
Advocate, Lucknow
7955 Answers
15 Consultations

5.0 on 5.0

1. Your family income doesn't include income of your parents if they are not living with you. 

2. Yes if your annual income is below 25L then you are eligible to buy land in Karnataka.

3. No there is not such risk in holding of agriculture land if you are complying to all the conditions to buy the land. 

4. You have to utilize complete land for cultivation of crops or agricultural activities. 

Mohit Kapoor
Advocate, Rohtak
7952 Answers
2 Consultations

5.0 on 5.0

You need to farm it or use it for farming only. You need to get it cultivated from people but you can't totally be away from the same. 

Yes you can build. 

No the laws are the same in karnataka

Prashant Nayak
Advocate, Mumbai
18628 Answers
34 Consultations

4.6 on 5.0

Agricultural land cannot be leased for any period whatsoever, except in the districts of Uttara Kannada and Dakshina Kannada for the purpose of utilizing the land for aquaculture for a period not exceeding 20 years.

2) you can construct house on agricultural land for your stay 

 

3) According to Section 95 of the Karnataka Land Revenue (amendment) Act, 2015, “Farm house or farm building means a house attached to a farm and constructed in a portion of agricultural land used for the residence of the agriculturist or used for the purpose of keeping agriculturalequipment and tethering cattle.

 

 

 

4)R egarding the size, the Act says: “The farm building or farm house shall not be more than 10 per cent of land holding 

 

Ajay Sethi
Advocate, Mumbai
74527 Answers
4458 Consultations

5.0 on 5.0

1. Leasing out the agricultural property to non-agriculturist is prohibited under section 80 of the KLRA, 1962.

2. Leasing out the property to non-agriculturist is prohibited ;

The following is the provision of the said section of the act:

80. Transfers to non-agriculturists barred.—
(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 [lawful]in favour of a person,—
(i) who is not an agriculturist, or

(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
[(iii) who is not an agricultural labourer; or
(iv) who is disentitled under section 79A or section 79B to acquire or
hold any land:]
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, [to enable a person
other than a person disentitled to acquire or hold land under section 79A or
section 79B 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.

 

3. You can construct a structure in the land for taking care of yor agricultural land and the cultivation activities. 

 

4. You are right in your understanding. 

According to Section 95 of the Karnataka Land Revenue (amendment) Act, 2015, “Farm house or farm building means a house attached to a farm and constructed in a portion of agricultural land used for the residence of the agriculturist or used for the purpose of keeping agricultural equipment and tethering cattle.

5. No restrictions for for buying Plantation Crops i.e., Coffee, Tea, Rubber, Pepper, Cardamom etc., The land having plantation crops does not comes under ceiling limits(section 63 & 64), that land has no application of section 79A and 79B of land reforms act.

That is even non agriculturist or any one can buy land having plantations crop

T Kalaiselvan
Advocate, Vellore
64506 Answers
835 Consultations

5.0 on 5.0

1. Yes you can

2. You can lease out. Holding land by other person doesn't means that you can't leaseout

3. Yes

4. It may have been updated

5. No, laws are same

Rahul Jatain
Advocate, Rohtak
2411 Answers
4 Consultations

4.9 on 5.0

Cannot lease. Definition of agriculturist is a person who cultivates the land personally or through hired labour. 

Ware house, storage etc are permitted on agriculture land without permission. 

4. Not 10% but limited space. IF you have 100 acres land, not mean your build house on 10 acres. 

5.NO

Yogendra Singh Rajawat
Advocate, Jaipur
18502 Answers
22 Consultations

4.6 on 5.0

1. As per the Karnataka Land Reforms Act, you cannot legally lease/transfer it out in part or full .

2. Leasing out for the purpose of non- agriculture purpose is prohibited only, 

3. Yes , it is allowed to construct a house for the purpose of taking care , but you cannot use the land for residential purpose permanently. 

4. Yes , as defined under section 95 of the Karnataka Land Revenue (amendment) Act,  i.e

Subject to any law for the time being in force regarding erection of buildings or construction of wells or tanks, an occupant of land assessed or held for the purpose of agriculture is entitled by himself, his servants, tenants, agents, or other legal representatives, to erect farm buildings, construct wells or tanks, or make any other improvements thereon for the better cultivation of the land or its more convenient use for the purpose aforesaid.

5. No, there is no such restriction for purchasing plantation land (like a coffee estate) in Karnataka , like agriculture land. 

Mohammed Shahzad
Advocate, Delhi
2540 Answers
35 Consultations

5.0 on 5.0

House can be built upon land but remember that in cases of consolidation by tge state the house is also counted in the land as the houses are built on separate land in villages.

You may unofficially lease it to small farmers as is the norm and they'll give you half the produce in return.

Rahul Mishra
Advocate, Lucknow
7955 Answers
15 Consultations

5.0 on 5.0

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