• Non-agricultural land purchase - is there a minimum limit on the land I can purchase

Hi - There is half a gunta path way registered under by neighbour name that connects our land to the road. I plan to buy this path way from my neighbor.. However, the neighbor claims that the land won't be registered under my name since its less than 3 guntas. He also claims that the land is a non-agricultural. Are there restriction is karnataka that does not allow me from registering "NON-AGRICULTURAL" land less than 3 guntas ? If so what are my options to legally have the land transferred over ?
Asked 3 years ago in Property Law
Religion: Christian

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12 Answers

Karnataka has ordered that no agricultural land measuring less than 5 guntas, or 5,445 sq ft, can get a survey number. This means such small parcels can neither be bought nor sold.

In his order, Commissioner for Survey, Settlement & Land Records Munish Moudgil has fixed the minimum extent at five guntas in all districts except Kodagu, Dakshina Kannada, Udupi and Uttara Kannada where it is three guntas.

The minimum extent will be applicable prospectively; it will not impact existing survey numbers. Also, inherited lands that are smaller than 5 guntas will be allowed. Plus, existing titleholders for lands measuring less than the minimum extent will remain valid. 

The order has been issued as per Section 108 of the Karnataka Land Revenue Act, 1964, which mandates that no survey number should be created below a minimum limit fixed from time to time.




T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Karnataka has ordered that no agricultural land measuring less than 5 guntas, or 5,445 sq ft, can get a survey number. This means such small parcels can neither be bought nor sold. 

2) Those who want to sell plots less than three or five guntas, as may be the case, as housing sites, then they can do so after getting them converted by revenue authorities,

 

3) if it is non agricultural land it can be registered in your name 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

It is not applicable to NA Land 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

The non agricultural land are not sold in the measurement of guntas or acres. 

The residential plots are generally measured by in sq. Ft, agricultural land is measured in acres.

Now you confirm that what is the nature of the property that you propose to purchase 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Half a gunta land is around 545 square feet. There is no restriction on registering that much of  land if the land is converted on non-agricultural. Such restriction is applicable to only agricultural  land.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

No minimum limits

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

- Karnataka has ordered that no agricultural land measuring less than 5 guntas, can get a survey number., and hence such small lands can neither be bought nor sold. 

- Hence, you can apply for conversion of this land from NA to non agriculture ,and if it is already non agriculture then it can be registered. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Client,

                 Section 79B has been repealed; anyone from a non-farming family from India can also own agricultural land in Karnataka.The limit on agricultural land ownership has been raised to 20 units per individual.

Thanks & Regards

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Karnataka has ordered that no agricultural land measuring less than 5 guntas, or 5,445 sq ft, can get a survey number. This means such small parcels can neither be bought nor sold. 

 

In his order, Commissioner for Survey, Settlement & Land Records Munish Moudgil has fixed the minimum extent at five guntas in all districts except Kodagu, Dakshina Kannada, Udupi and Uttara Kannada where it is three guntas.

2)The order has been issued as per Section 108 of the Karnataka Land Revenue Act, 1964, which mandates that no survey number should be created below a minimum limit fixed from time to time.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Client,

                 In 2021, Commissioner for Survey, Settlement & Land Records Munish Moudgil has fixed the minimum extent at five guntas in all districts except Kodagu, Dakshina Kannada, Udupi and Uttara Kannada where it is three guntas.Since Section 79B has been repealed; anyone from a non-farming family from India can also own agricultural land in Karnataka. The maximum amount of agricultural land that an individual can own is limited to 10 units. The limit on agricultural land ownership has been raised to 20 units per individual.Officially, guntha is equivalent to 101.17 square meters (sq m), 121 square yards (sq yd), or 1,089 square feet (sq ft). Further, 40 gunthas make one acre.3 guntha is 3267.00000015 sq ft.No minimum guntas prescribed ,you may purchase from 1/4th guntas also. It is not the area of immovable property purchased that attracts Registration.It is the value of such immovable property which is above Rs. 100.

Thanks & Regards

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

There are no such restrictions

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

The non agricultural land are not sold in the measurement of guntas or acres. 

The residential plots are generally measured by in sq. Ft, agricultural land is measured in acres or guntas.

Therefore even if the other person insists on what he says, since this may not be an agricultural property, you can ignore his dictates, he cannot be a final authority on this. 

 

If the registering authorities refuse to register this small pocket of land then you may ask him to reject your application with his comments, after which you can prefer an appeal before the District  registrar seeking his intervention and to grant relief.

If this appeal also fails, you may approach IG registration with second appeal and seek justice as per law instead of getting confused on the unnecessary issues created by some local people without properly understanding the law.

Let the competent authority decide about it relying upon the prevailing law in this regard. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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