My mother sold her agricultural land in Maharashtra in July this year and we were planning to buy another piece of agricultural land. But this new purchase has taken a bit longer than we thought due to some complications. Now the agent who is helping in the purchase of the new land says that my mother's agricultural status is no longer valid as the her land was transferred more than 3 months ago. I find it hard to believe that she would lose her Farmer status so soon after selling her land. Could someone clarify?
You can procure a farmer certificate in Maharashtra if you are a farmer or an agriculturist with farm land in Maharashtra or some other state. ...
2) since your mother has sold her agricultural land in Maharashtra she would not get farmer certificate
3) she can purchase agricultural land in another state like rajasthan procure farmer certificate and they buy agricultural land in Maharashtra
Under Maharashtra Land Revenue Code, 1966 or Maharashtra Land Revenue Rules there is no such limit of three months is prescribed for purchase of agricultural land by agriculturalist after selling his land. An agriculturalist is agriculturalist forever.
You may have to follow the rules and observe the legal procedures in this regard.
You can clarify the opinion from a different person in the local that was originally given by the said agent.
Sometimes he may even mislead you with such false information for some wrongful gains, hence you may better ignore this agent and look for some other broker who has proper knowledge about such local laws.
Since your mother was a farmer and was holding the agricultural land unti, recently, she may be eligible to buy agricultural land once again, however you may clarify this eligibility condition from the concerned authorities also.
I've got 3 conflicting answers here from 3 different Lawyers. So unless someone can substantiate their claims with specifics, the answers are pretty useless as I'm as confused as I was before asking the question.
1) in case if a person holds an Agricultural land anywhere else in India, he can still be deemed an Agricultarist in the State of Maharashtra
2) as mentioned earlier best option is to purchase agricultural land in any state and obtain farmer certificate
The issue is that you are being cheated by the local agent on some flimsy reasons, instead of verifying the details from a different source you blame the advocates here for not providing you the answer to appease you.
In Maharashtra, only agriculturists can purchase agricultural land. If either of a person's parents or grandparents are agriculturists, then such a person is also entitled to the purchase. If a person holds agricultural land anywhere else in India, he can still be deemed an agriculturist in Maharashtra.
You have mentioned that your mother was holding agricultural land till around 6 moths ago and she sold the same very recently.
Therefore there is no doubt her farmer/agriculturist status.
If you can understand this simple logic and prevailing law you would not have reverted with the same question again
The local agents may tell many tales to fill their pockets so that you being in need of the task to be completed, may oblige by their dictates.
Hence you were advised to clarify the issue from a different and reliable source other than the one who might have misguided you on this.
Sir/madam
The answering lawyers do not know what other lawyers answer is to the question unless the queriest opts for not keeping his or her question as confidential for getting replies from various lawyers here
So I do not know what other lawyers have answered
So branding the replies as useless is inappropriate
Kindly mellow down your tone a bit
What I suggest is if there is any difficulty in using the existing farmer's certificate since it seems to have lapsed on sale of the land held by your mother, she can might as well apply for a fresh certificate now that she is intending to buy another agricultural land
I'm sure the the agent would help you in getting a fresh farmer's certificate
Dear client,
Another land for the agricultural purpose should be purchased within a period of 2 years from the date of transfer of this land. The new agricultural land which is purchased to claim capital gains exemption should not be sold within a period of 3 years from the date of its purchase. In Maharashtra you will not lose agricultural status.
Thank You.
No she will not loose the same on above circumstances
