• Inheritance of agricultural land in Karnataka to working individual

Can an individual with working professional with substantial annual income ( above the revised limit prescribed by Karnataka revenue act) own agricultural land as part of ancestral Inheritance (Both Grand father & father being agriculturist).  Secondly can this individual continue to do the maintenance of agriculture along with profession.

Regards
Prashant
Asked 12 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
Karnataka Land Reform Act does not operate to bar inheritance to agricultural land. It only places an embargo on the purchase of agricultural land by an individual who does not satisfy the parameters land down in the law.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
1) you can inherit  agricultural land 

2) however under provisions of section 79 A (4) yiu have to intimate the tehsildar about land inherited by you , annual income of your family 

3)the tehsildar shall conduct inquiry on receipt of your declaratation and summit statement to deputy commissioner who shall by notification declare that land shall vest in state govt and you shall be paid compensation as per guidance value 

4) in other words if your annual income is more than Rs 25lakhs land shall be acquired by Govt 
Ajay Sethi
Advocate, Mumbai
23100 Answers
1212 Consultations
5.0 on 5.0
Section 79 A 

3) Every acquisition of land otherwise than by way of inheritance or bequest in contravention of this section shall be null and void.

(4) Where a person acquires land in contravention of sub-section (1) or acquires it by bequest or inheritence he shall, within ninety days from the date of acquisition, furnish to the Tahsildar having jurisdiction over the Taluk where the land acquired or the greater part of it is situated a declaration containing the following particulars, namely:—

(i) particulars of all lands;

(ii) the average annual income of himself or the family;

(iii) such other particulars as may be prescribed.

(5) The Tahsildar shall, on receipt of the declaration under sub-section (4) and after such enquiry as  may be prescribed send a statement containing the prescribed particulars relating to such land to the Deputy Commissioner who shall, by notification, declare that with effect from such date as may be specified in the notification, such land shall stand transferred to and vest in the State Government without further assurance free from all encumbrances. From the date specified in such notification the Deputy Commissioner may take possession of such land in such manner as may be prescribed.

(6) For the land vesting in the State Government under sub-section (5), where the acquisition of the land was by bequest or inheritance, an amount as specified in section 72 shall be paid and where the acquisition was otherwise than by bequest or inheritance, no amount shall be paid.
Ajay Sethi
Advocate, Mumbai
23100 Answers
1212 Consultations
5.0 on 5.0
1. Yes, he can inherit the said property but can not buy agricultural land,

2. There is no bar in his farming or maintaining the land while continuing his employment.
Krishna Kishore Ganguly
Advocate, Kolkata
12034 Answers
227 Consultations
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Hi, as per Karnataka Land Reforms Act, if the person whose individual or family income is more then 25 lakhs other then Agricultural Source, then he can't purchase the Agricultural land though he may be a Agriculturist.

2. If the person is having a Ancestral Agricultural Property then he can enjoy that property, here bar is only for purchasing the land.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1) I have reproduced provisions of section 79 A (4) 
Wherein it is mentioned that person who inherits land has to submit declaration to tehsildar within period of 90 days 

2) the declaration has to mention your annual income . The tehsildar conducts inquiry  and submits report to deputy commissioner 

3) the deputy commissioner  can issue notification of acquisition of such land and compensation paid as per guidance value
Ajay Sethi
Advocate, Mumbai
23100 Answers
1212 Consultations
5.0 on 5.0
The Karnataka Legislative Assembly passed the Karnataka Land Reforms (Amendment) Bill, 2015, to increase the income limit for non-agricultural sources to purchase farmland from Rs. 2 lakh to Rs. 25 lakh.
The Bill empowers deputy commissioners of districts, instead of assistant commissioners, to grant permission for non-agriculturists to purchase agricultural land under Section 80 of the Act.
The amendment to the 1961 Karnataka Land Reforms Act is believed to be key to regularisation of land ownership in the state and to open up the market for sale of all types of land. The new law is expected to reduce a lot of benami land ownership that currently exists due to income limit restrictions on purchase of land by people from non-agricultural backgrounds. 


The ceiling is for purchase of agricultural lands alone and not for the the inherited agricultural properties.
The existing rules in that regard remains same.




T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
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Hi,the intention of the Karnataka Land Reforms Act  is to protect the farmers land and it will not go to the  hands of Non-Agriculturist.

2. In your case you being  Agriculturist by birth so you have every right to enjoy that property but as per Section 79/A of the Karnataka Land Reforms act provide that if the annual income of the person or family more than 25 lacks then they can't buy the Agricultural land. 
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
The difference of opinion is always going to be there. Be that as it may, I repeat inheritance is not barred by the law prevailing in the state. 
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0

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