• Buying agricultural land in Bagalkot from IT person

Hello,

I am resident of Bagalkot, Karnataka. I work for an IT company in Bangalore. My income is more than 2 lakhs and My wife is also working and her income is also more than 2 lakhs.

Currently I hold around 0.7 acres of land in my name which is ancestral property. It was originally purchased by my father. My father also got registered the land in 1999 not before 1973. But my grand mother and father were workers in agriculture land.

In future I want to shift to Agriculture field and now I want to buy around 5 to 6 acres of land and start the work. Once it is established I will quit IT and move to Agriculture field. Please let me know whether I can buy the agriculture land and what procedures needs to be followed to buy the land legally. Please let me know the alternative ways such as Gift. My brother holds 0.7 acres of land which is ancestral property and his income is less than 2 lakhs and has not paid income tax any time. He runs a small business.
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Muslim
1) you cannot buy agricultural land in karnataka
t he following are requirements for purchase of agricultural land 
The annual average income of the person including agricultural income should be less than Rs 2 lakhs. The person must have had an agricultural land in his name before the year 1974. The person should be an agriculturist or an agricultural worker by profession


2) section 79 A prohibits purchase of agricultural land by any person or family who have  annual income of more than Rs 2 lakhs from non agricultural sources . in your case you work for IT company and have income more than Rs 2lakhs 

3) your land would be confiscated by the govt in case you purchase agricultural land

4) your brother can purchase agricultural land in his name 
Ajay Sethi
Advocate, Mumbai
23351 Answers
1221 Consultations
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1. Local seems to have been involved as in other states like WB there is not restrictions on non farmers to but agricultural land.
2 So better consult local lawyer who would be aware of local law and would advise you accordingly.
Devajyoti Barman
Advocate, Kolkata
5244 Answers
54 Consultations
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The Karnataka Land Reforms Act now does not allow non-agriculturists whose income is more than Rs 2 lakh per annum to buy farm land. Any person who does not own agricultural land in Karnataka is a non-agriculturist. 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
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1. Agricultural land can be bought in Karnataka after fulfilling certain requirements.

2.The annual average income of the person including agricultural income should be less than Rs 2 lakhs.

3. The person must have had an agricultural land in his name before the year 1974. The person should be an agriculturist or an agricultural worker by profession.

4. As per Section 79A of the Karnataka Land Reforms Act 1961, the non-agricultural income of a purchaser who must be an agriculturist should not exceed Rs 2 lakhs per year. Sale of land granted to members of scheduled caste and tribe is not allowed. Also, sale of land granted by the government is not allowed for a period of 15 years. Agricultural land can be used only for agricultural purposes and no other purposes. Utilising agricultural land for any other purpose is prohibited by law. Agricultural land, which does not come under the Green Belt, can be converted for non-agricultural purposes like residential, commercial, industrial etc, subject to the approval of the Special Deputy Commissioner on payment of the prescribed fees and subject to certain conditions.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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Hi, as per the latest amendment to the Karnataka Land Reforms act now the income lvel has increased from 2 lakhs to 25 lakhs.

2. So if your income is more then 25 lakhs then only you are not eligible to buy agricultural land otherwise you can buy a agricultural land.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Hi, for working for both IT and Agriculture it is your will and wish there is no mandatory requirement under law for purchasing the agricultural property law has its limits.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) it was not legal for your father to purchase agricultural land in 1999 

2)you cannot buy agricultural land as your income is s 25 lakhs   per annum 
Ajay Sethi
Advocate, Mumbai
23351 Answers
1221 Consultations
5.0 on 5.0
As per Karnataka Land reforms act, 1961, :-
Section 79(A), inserted by way of an amendment in 1974, bars individuals with an annual income of Rs 2 lakh and above from non-agriculture sources from buying farmland. The law empowers the revenue authorities to declare such purchase "null & void" and take away the ownership of the land. 
Soon, non-agriculturists whose income is less than Rs 25 lakh per annum will be able to buy farmlands in Karnataka, thanks to the government which is planning to amend the Karnataka Land Reforms Act. 
Please be aware that the proposal by the government is yet to be come law, so as of now the Rs. 2 Lakhs ceiling is the law.

Section 79B prohibits holding of farmland by entities such as educational, religious or charitable institutions or a society, trust, or a company. The law, however, provides a remedy.



Section 109 of the same Act empowers the revenue authorities to allow buying a piece of farmland for purposes like running an educational institution or to set up an industry . But the entity concerned must first apply to the Deputy Commissioner asking for exemption. 

The Deputy Commissioner  has the authority to permit purchase of as much as 50 acres of land for educational institutions. 

T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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