As per law, In any case you and your family members, trustees must be farmers on record then you may buy otherwise No.
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.
As per law, In any case you and your family members, trustees must be farmers on record then you may buy otherwise No.
Yes you may do that. But in order to form a trust a deed must be registered and land specifics have to be mentioned.
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.
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.
- 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 .
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.
yes trust can buy agricultural land in Maharashtra.
Please consult local lawyer who is more conversant with local laws.