• Can framer gift his agricultural land to non agriculturist

Can a framer gift his agricultural land that he owns solely to a non agriculturist person in Maharashtra.
Asked 1 year ago in Property Law
Religion: Hindu

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13 Answers

No. A farmer can't gift agricultural land to a non-agriculurist in Maharashtra. 

Shashidhar S. Sastry
Advocate, Bangalore
5323 Answers
327 Consultations

Gift deed cannot be executed of agricultural land in favour of non agriculturist 

Ajay Sethi
Advocate, Mumbai
96426 Answers
7773 Consultations

- Under Section 63 of the Maharashtra Tenancy and Agricultural Land Act, , the sale, gift, exchange, lease or mortgage of agricultural land to a non-agriculturist or to any other persons is barred. 

Mohammed Shahzad
Advocate, Delhi
14242 Answers
216 Consultations

You can buy agricultural land in Maharashtra with the prior approval from the Deputy/District Commissioner/Collector of the concerned jurisdictional District.

Shashidhar S. Sastry
Advocate, Bangalore
5323 Answers
327 Consultations

1) purchase land in states like Rajasthan where there is no such restriction .

 

2) if your name is recorded in revenue records of said states as farmer  you can buy agricultural land in Maharashtra 

Ajay Sethi
Advocate, Mumbai
96426 Answers
7773 Consultations

A non agriculturist cannot acquire an agricultural land in Maharashtra by any mode.

T Kalaiselvan
Advocate, Vellore
86630 Answers
2315 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 also entitled to the purchase. If a person holds agricultural land anywhere else in India, he can still be deemed an agriculturist in Maharashtra.

According to the Maharashtra Land Revenue Code of 1966, no individual can buy agricultural land unless he or she is a farmer in any part of the country."

T Kalaiselvan
Advocate, Vellore
86630 Answers
2315 Consultations

Yes, you can buy the land but there are certain rules for it.

Ganesh Kadam
Advocate, Pune
12959 Answers
260 Consultations

It can be only gifted to farmer and for agricultural purposes only unless sand is not converted to NA

Prashant Nayak
Advocate, Mumbai
32330 Answers
194 Consultations

  • A farmer cannot gift his agricultural land to a non-agriculturist in Maharashtra, unless he obtains the prior permission of the District Collector. This is because Section 63 of the Maharashtra Tenancy and Agricultural Lands Act, 1948 prohibits the sale, gift, exchange or lease of any agricultural land in favour of a person who is not an agriculturist.
  • According to the web search results, a non-agriculturist can buy agricultural land in Maharashtra only if he falls under any of the following categories:
    • He is an agriculturist in any other state of India and can produce a farmer’s certificate and a copy of land record in which his name is mutated.
    • He is a descendant of an agriculturist in Maharashtra or any other state of India and can prove his lineage through relevant documents.
    • He has obtained the prior permission of the District Collector by fulfilling certain conditions, such as having a minimum educational qualification, having sufficient income from sources other than agriculture, having a genuine interest in farming, etc.

  • To buy agricultural land in Maharashtra, a non-agriculturist also needs to follow certain steps and procedures, such as:
    • Finding a suitable agricultural land for sale and verifying its title, ownership, encumbrances, land use, etc. through online portals or offline sources.
    • Negotiating the price and terms and conditions of the sale with the seller and drafting a sale agreement with the help of a legal advisor.
    • Paying the stamp duty and registration fees as per the market value of the land and registering the sale deed at the sub-registrar’s office.
    • Getting the mutation done in the revenue records and obtaining the 7/12 extract and 8A extract from the tehsildar’s office.

Muraleedharan R
Advocate, Trivandrum
373 Answers
2 Consultations

It has to be understand, whether this land is allotted to the farmer with condition or his self acquired.

Well, transfer of property in the form of gifts to a non-agriculturist party is not consider valid in Maharashtra.

Yogendra Singh Rajawat
Advocate, Jaipur
22944 Answers
31 Consultations

- 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

- You can approach to the office of the District Collector for getting permission to purchase the same. 

Mohammed Shahzad
Advocate, Delhi
14242 Answers
216 Consultations

Greetings of the Day,

I have read your issue but find that there are some facts which need to be clarified. You can approach on either nine two one two one two four five eight five or seven zero four two eight three three six eight six for personal approach.

We Hope that a personal consultation would be fruitful to the issue and it would be better for you to talk to someone directly.

Best Regards

SPS Law Chambers
New Delhi.

Shivam Bansal
Advocate, New Delhi
131 Answers

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