• Agricultural land purchase

In Tamilnadu, is it ok to purchase agricultural land with Panchayat Approval, from a seller, who obtained the land through a court auction 2 decades ago? The said land is a fruit bearing mango plantation. The seller is creating plots divided by mud roads for the purpose of selling bits of land parcels. I intend to purchase a small parcel and build a small structure in the land amidst the trees. So do I need any further approvals or checks to buy this agricultural land and for construction? Likewise if I am to sell my land parcel after a decade or two, would I have any difficulty? Thanks in advance
Asked 4 years ago in Property Law
Religion: Hindu

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6 Answers

As per the provisions contained in Tamil Nadu Change of Land Use (From Agriculture to Non-agriculture Purposes in Non-planning Areas) Rules, 2017, agriculture land in the state cannot be used for the development purpose, without the permission of the prescribed authority.

 

2)Tamil Nadu land use conversion charge at the rate of 3% of the market value fixed under the Indian Stamp Act, 1899 need to be paid to the local authority, and the concerned body will deposit the amount in Government head of account and grant permission for carrying out the development works.

Ajay Sethi
Advocate, Mumbai
99977 Answers
8160 Consultations

 Agricultural lands cannot be utilised for the development purposes such as residential, commercial, industrial, or medical facilities besides on conversion of the land into non-agricultural lands  As per the provisions contained in Tamil Nadu Change of Land Use (From Agriculture to Non-agriculture Purposes in Non-planning Areas) Rules, 2017, agriculture land in the state cannot be used for the development purpose, without the permission of the prescribed authority.

This TN land use rule applies to all areas in the State of Tamilnadu, except those notified as planning areas by state Government

As per provisions under section 47A of Tamilnadu Town and country planning authority Act, 1971 an application in form 1 under Rule 3 of TN Change of land use (from agriculture to non agriculture in non planning area) rules,, 2017 has to be submitted to the executive authority of the local authority and obtain approval, 

The local panchayat is not the authority to grant approval for change of land use, therefore you may better obtain proper legal opinion from an experienced lawyer in the local and proceed only if recommended. 

T Kalaiselvan
Advocate, Vellore
90179 Answers
2506 Consultations

Dear Client,

                 In 2016, the Madras High Court banned the registration of plots and houses in unapproved layouts in the guise of panchayat approved layouts and conversion of agricultural land for non-agricultural use in an unplanned manner.Documents related to the land like original land deed, titile deed, encumbrance certificate, patta, types of layouts or plots, tax receipts etc. has been to be verified before purchasing agricultural land in Chennai

Thanks & Regards

Anik Miu
Advocate, Bangalore
11060 Answers
125 Consultations

No you don't have any difficulty for the same

Prashant Nayak
Advocate, Mumbai
34660 Answers
249 Consultations

If it is other than agricultural tgen get it converted.

G.RAJAGANAPATHY 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

Under Section 3 of Tamil Nadu Change of Land Use (From Agriculture to Non-agriculture Purposes in Non-planning Areas) Rules, 2017 a Village Panchayat is conferred power to grant permission for conversion of agricultural land to non agricultural  use. If the land is wet land, concurrence of Collector is required. Check for concurrence of collector if the land is  wet, otherwise you can proceed with the deal. Title of vendor is clear as land is purchased in Court auction.

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

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