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I want to buy agriculture land in Maharashtra

My mothers parents were farmers and had an agriculture land in state of Gujarat. 

Grandfather had sold one agriculture land in Gujarat in 1998 transferred in land records on purchasers name in 2004.

Grandfather has also purchased one agriculture land in Gujarat in 1969 and initiated transfer process in Land records however because of Fragmentation act same was not mutated in name of my grandfather and that entry is still pending in Land Revenue records.

Grandmother had given one agriculture land in Gujarat to one of his son (my maternal uncle)

Grandmother had one Agriculture land in her name when she expired in 2005. Subsequently my mothers name was added along with other 7 siblings of her. Subsequently mother had given her right on the agriculture land to one of her brother who is currently holding land.

With the background of being from Agriculture family with no current holding and one partial entry pending in name of grandfather can I purchase agriculture land in Maharashtra and / or Gujarat?
Asked 5 years ago in Civil Law

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7 Answers

- 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

- Hence, being from the family of agriculturist , you are very much competence to purchase agriculture land in Maharashtra and even in Gujarat. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

if you can give documentary evidence to the registrar about your ancestors had belong to the farming community then you can buy.agricultural land in Maharashtra 

 

2) 

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

2) 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
99793 Answers
8147 Consultations

- You should approach to concerned district Deputy Commissioner ‘s office , for getting agriculture family certificate and to apply for permission to buy land.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Sir/ Ma'am,

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.

Presently, a non-agriculturist can 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

The following lands are 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.

Hence, being from the family of agriculturist, you are very much competent to purchase agriculture land in Maharashtra and even in Gujarat. 

 

 

 

Anik Miu
Advocate, Bangalore
11017 Answers
125 Consultations

If any of your ancestors own agricultural land anywhere in India you are entitled to buy agricultural land in Maharashtra. Produce proof of ownership of agricultural land in any State by your maternal or paternal ancestors and document connecting you to them. Even pending proceeding for mutation of name in record is sufficient proof of ownership of agricultural land. First obtain permission from Tahsildar/ Mamlatdar producing all above said and draft of sale deed with consent letter from seller. Tahsildar will grant you letter of permission and Registrar will allow registration  in your favor.  

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

In Maharashtra, only agriculturists can purchase agricultural land.

If either of a person’s parents or grandparents are agriculturists then such a person is entitled to the purchase. If a person holds agricultural land anywhere else in India, he can still be deemed an agriculturist in Maharashtra.



 

 

T Kalaiselvan
Advocate, Vellore
89995 Answers
2496 Consultations

Buying an agricultural land, as opposed to a regular plot, requires additional due diligence. 

 documents are required to buy agricultural land in Maharashtra

 

  • Title deed of the land plot
  • Agreement for sale
  • Stamp duty on the land
  • Registration of the land
  • Conveyance deed or sale deed of the land
  • Tax receipt and bills
  • Encumbrance certificate
  • Measuring the land
  • Changing the title of the land in the village office
  •  

 

T Kalaiselvan
Advocate, Vellore
89995 Answers
2496 Consultations

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