• Purchase of agricultural land in Maharashtra, basis the ownership of agricultural land in UP by ancestors

My ancestors viz. Paternal Grandfather and Maternal Grandfather were landlord Agriculturist in the state of U.P.-India, having vast parcels of Agriculture Land in U.P. Registered in Records, in their own Name.
In case of paternal property (Dada ji), my father inherited from my grandfather the Agriculture Land in a Village of U.P. Later my Father sold the land inherited and migrated to a town (Kota) in Rajasthan. 
Similarly my Maternal grandfather (Nana ji) was a Landlord Agriculturist, who owned a vast parcel of Agriculture land. But this was not inherited by my mother, as the same was sold by my Maternal Grand Father (Not transferred in the name of my Mother).

At present my Paternal Grandfather, Father and also my Maternal Grandfather are not alive.

Based on the above description, Please advise and Clarify:-
(i)	I am interested in purchasing the Agriculture land in the state of Maharashtra.
(ii)	Based on the above discussion and the fact that we owned Agriculture land in the state of U.P., please clarify ,Can we purchase the Agriculture Land in Maharashtra.
(iii)	What type of documentary evidence need to be collected from U.P. so that we become eligible for purchasing the Agriculture Land in Maharashtra
Asked 14 hours ago in Property Law
Religion: Hindu

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

4 Answers

Dear Sir/Madam,

Your ancestors’ past ownership of agricultural land does not automatically make you an “agriculturist” in Maharashtra. Since your father voluntarily sold the inherited land and you presently do not hold or cultivate agricultural land, purchase may require prior Collector’s permission under Section 63 of the Maharashtra Tenancy and Agricultural Lands Act.

Your maternal grandfather’s land will ordinarily not establish your eligibility because neither your mother nor you inherited it. The special protection for landless heirs applies mainly where land was acquired for a public purpose, not where it was voluntarily sold.

Obtain certified UP revenue records, mutation entries, sale deed, family tree and death certificates, and apply to the Maharashtra revenue authority for an agriculturist-status certificate or Section 63 permission before executing any agreement or sale deed.

Advocate Saurabh Agrawal

Saurabh Agrawal
Advocate, Greater Noida
228 Answers

Under Section 63 of the Maharashtra Tenancy and Agricultural Lands Act (MTALA), 1948, only a recognized “Agriculturist” (or an heir of an agriculturist family) is legally permitted to buy agricultural land in Maharashtra.
Even though the ancestral properties were sold, you must prove that at the time of birth or historically, your paternal family (father or paternal grandfather) held agricultural land in U.P. and was classified as agriculturists.
To convince the Tahsildar / District Collector’s office in Maharashtra to issue you an Agriculturist Status / Certificate, you must establish a clear chain of title and lineage connecting you to the ancestral farmland in U.P.
Obtain certified records from U.P.: Retrieve the historical Khatauni, Khasra, Sale Deeds, and Vanshavali from the concerned Tehsil in U.P.
​Submit the U.P. revenue documents to the Tahsildar in U.P. to get a formal Farmer/Agriculturist Certificate issued in your name.
​Alternatively, you can submit these certified translated documents directly to the local Revenue Authority/Tahsildar in Maharashtra where you intend to buy the land to obtain an entry approval.
Present the certificate during the registration of the Sale Deed at the Sub-Registrar's Office in Maharashtra.

T Kalaiselvan
Advocate, Vellore
90908 Answers
2524 Consultations

Based on the facts provided, your eligibility to purchase agricultural land in the State of Maharashtra is governed primarily by the provisions of the Maharashtra Tenancy and Agricultural Lands Act, 1948, and the rules framed thereunder. Under the applicable legal framework, the right to purchase agricultural land is generally restricted to persons who qualify as "agriculturists" or otherwise satisfy the statutory requirements or obtain the requisite permission from the competent authority. Accordingly, the mere fact that your ancestors owned agricultural land in another State does not, by itself, automatically confer upon you the legal status of an agriculturist for the purposes of purchasing agricultural land in Maharashtra.

In the present case, your paternal grandfather owned agricultural land in the State of Uttar Pradesh, which, upon his demise, was inherited by your father. This establishes that your father acquired rights in agricultural land by succession. However, as stated by you, your father subsequently sold the inherited agricultural land during his lifetime and thereafter migrated to Rajasthan. Since you have not indicated that you inherited any agricultural land from your father or acquired any ownership interest therein, the fact that your father was once the owner of agricultural land does not, by itself, establish that you presently possess the status of an agriculturist under Maharashtra law. The determination of your status would depend upon whether the competent authorities in Maharashtra recognize your claim based on the documentary evidence and the applicable statutory provisions.

So far as your maternal lineage is concerned, although your maternal grandfather owned extensive agricultural land in Uttar Pradesh, the same was sold by him during his lifetime and was never inherited by your mother. Consequently, neither your mother nor you acquired any rights in that agricultural property by inheritance or succession. Therefore, the ownership of agricultural land by your maternal grandfather cannot ordinarily be relied upon to establish your eligibility to purchase agricultural land in Maharashtra.

In view of the above facts, it cannot be conclusively stated that you are automatically entitled to purchase agricultural land in Maharashtra solely because your paternal and maternal grandfathers were agriculturists in Uttar Pradesh. Whether you qualify as an agriculturist is a matter that will be determined by the competent revenue authorities in Maharashtra based upon the applicable statutory provisions, the documentary evidence produced by you, and the prevailing administrative practice.

For the purpose of substantiating your claim, you should obtain certified copies of the relevant revenue and title records from Uttar Pradesh. These would ordinarily include the Khatauni and Khasra records reflecting the ownership of agricultural land by your paternal grandfather, mutation entries evidencing the inheritance of such land by your father, certified copies of the relevant sale deeds through which the property was subsequently transferred, the death certificates of your paternal grandfather and father wherever relevant, a certified family tree (Vanshavali), legal heir or succession certificates, if available, and any certificate issued by the concerned Tehsildar or revenue authority confirming the ownership and succession history of the agricultural land. If you intend to rely upon the maternal lineage for historical purposes, certified revenue records relating to your maternal grandfather's ownership may also be obtained, although they are unlikely to confer any independent legal entitlement since no inheritance took place through your mother.

It is pertinent to note that these documents merely establish the historical ownership and succession of agricultural land and do not, in themselves, conclusively establish your status as an agriculturist under Maharashtra law. The final determination of your eligibility will depend upon the satisfaction of the competent authority in Maharashtra and the interpretation of the applicable legal provisions.

Accordingly, before entering into any agreement for the purchase of agricultural land in Maharashtra, it is advisable to obtain a detailed legal opinion after examining the complete chain of title and revenue records and, wherever required, seek clarification or permission from the competent revenue authorities in Maharashtra. This would ensure that the proposed transaction is legally compliant and would minimize the risk of future disputes or challenges to the validity of the purchase.

Yuganshu Sharma
Advocate, Delhi
1511 Answers
5 Consultations

only a recognized "agriculturist" (farmer) can purchase agricultural land in Maharashtra. However, the law explicitly states that if your parents or grandparents were farmers anywhere in India, you hold the legal status of an agriculturist and are eligible to buy land.

2)Thyou to prove that you come from an agricultural family. Your paternal grandfather's registered land records in U.P. are sufficient proof to grant you "agriculturist" status in Maharashtra.

 

3) 

  • Request a certified copy of the Khatauni (Form B-6) or historical land revenue records from the village archive.
  • This document must explicitly display your paternal grandfather’s name as the registered owner/cultivator of the specific agricultural survey/khasra numbers.in khatuani

4) Obtain a certified copy of the historical Sale Deed executed when your father sold that inherited village land before moving to Kota.

 

Ajay Sethi
Advocate, Mumbai
100700 Answers
8234 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer