• Can I form a trust and then buy agricultural land in Maharashtra

I intend to buy an agriculture land in Maharashtra. Can i form a trust, comprising of my family members & then buy the land in the trust name.
Asked 3 years ago in Property Law
Religion: Christian

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14 Answers

As per law, In any case you and your family members, trustees must be farmers on record then you may buy otherwise No. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

Yes you may do that. But in order to form a trust a deed must be registered and land specifics have to be mentioned. 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Obtain prior permission of district collector to purchase agricultural land by trust 

 

2) better purchase it in your name 

 

3) 

Earlier in the State of Maharashtra, a non-agriculturist could not acquire agricultural land without the prior approval of the Collector. On 1 January 2016, an amendment was made to the existing law to allow a non-agriculturist to acquire agricultural land subject to certain conditions

4)  the following lands would be excluded from the purview of Section 63 of the MTAL:

Land situated within the limits of a Municipal Corporation; or

Land situated within the limits of a Municipal Council; or

Land situated within the jurisdiction of Special Planning Authority; or

Land situated within the jurisdiction of New Town Development Authority; or

Any land allocated for residential, commercial, industrial or any other non-agricultural use as proposed in the draft/final Regional plan or Town Planning Scheme prepared under the Maharashtra Regional and Town Planning Act, 1966.

In short, a non-agriculturist can now acquire agricultural land for non-agricultural purpose (residential/commercial/industrial), if such land falls under any of the five exceptions to Section 63 of the MTAL as mentioned above.

Ajay Sethi
Advocate, Mumbai
94690 Answers
7527 Consultations

5.0 on 5.0

There is no embargo as such 

Yusuf Rampurawala
Advocate, Mumbai
7509 Answers
79 Consultations

5.0 on 5.0

1. ONLY an original Agriculturist can purchase agricultural land, anywhere in India.  For other persons or legal entities, proper permission has to be taken from the district collector.

 

2. Visit the following link, for more INFO into the matter:

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

5.0 on 5.0

Forming a trust is a different subject to that of the intended purchase of agricultural land. 

The purchase of any property by the trust would be decided in the meeting of trust board as per trust bylaws. 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

Yes you can perform a trust as per trust act.

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

Dear Sir/Madam,

It is suggested that you can very well buy the agricultural land as decided by you. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

- Now a non-agriculturist can now buy agricultural land in Maharashtra. 

- As previously, an non-agriculturist was not allowed to purchase agricultural land without the prior approval of the Collector, but after the amendment on 01.01.2016 in the Maharashtra Tenancy and Agricultural Land Act , now a non-agriculturist can purchase the agricultural land subject to certain conditions.

- Further now a non-agriculturist can now acquire agricultural land for non-agricultural purpose also with the condition that the purchaser will have to use the said land within a period of 5 years , and if the period of 5 years lapses, then the Collector may grant an extension of another 5 years after payment of non-utilisation charges which will be determined at the rate of 2% of the market value of such land per annum.

- Further if the purchaser does not use the land for non-agricultural purposes within a period of 5 years or within the period of 10 years upon payment of non-utilisation charges, then the Collector shall resume the land after issuing one month’s notice to the purchaser , and the land so acquired by the Collector will vest with the Government free from all encumbrances

- Further a trust can also buy agriculture land in Maharashtra as well. 

- Yes, after forming a trust , you can purchase the agriculture land without government approval . 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

Trusts can buy agricultural land without govt consent in Gujarat but no such relaxation in Maharashtra. In Maha. non agriculturist can purchase agriculture land as per amendment in Tenancy and Agricultural Land Act, on January 2016.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

Yes you can form trust and buy agriculture land in Maharashtra.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

yes trust can buy agricultural land in Maharashtra. 

Please consult local lawyer who is more conversant with local laws.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Yes you can do that

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Yes you can

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

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