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Discussion > Students > Law Students > How to acquire agricultural land in Maharashtra and Gujarat?   Unanswered Threads Post New Topic

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There are 8 Replies to this message


UJAS DHARAMSHI


Corporate Lawyer
[ Scorecard : 177]
Posted On 19 December 2009 at 19:43 Report Abuse

Hello Colleagues!!

I want to enquire whether how a non-agriculturist can acquire agricultural land in Maharashtra and Gujarat? Is there any procedure by which an agricultural land can be acquired?



niranjan


civil practice
[ Scorecard : 4308]
Posted On 19 December 2009 at 22:02 Report Abuse

I can say about Gujarat that a non-agriculturist cannot buy agricultural land without prior permission of Collector under sec.89 of the Tenancy Act.,otherwise the sale will be declared invalid.


PJANARDHANA REDDY


ADVOCATE & DIRECTOR
[ Scorecard : 5300]
Posted On 20 December 2009 at 10:43 Report Abuse

A PERMISSION FROM A COMPETANT AUTHORITY IS A MUST TO BUY AG LAND BY NON-AG MEN.

IN ALL STATES.


Praveen Singh


Lawyer
[ Scorecard : 113]
Posted On 31 December 2009 at 15:23 Report Abuse

Mr.Dharamshi,

You can not purchase agricutural land except with a prior permission from Collector u/s 65 and 43 of The Bombay Tenancy and Agricutural Lands Act, 1948, otherwise the land would vest in prior owner or the Government. You can also become a farmer if your father or grandfather was a farmer in revenue records.

 

 

 


Chetan


GM
[ Scorecard : 30]
Posted On 03 December 2010 at 11:30 Report Abuse

My grandfather was a farmer, but sold complete land in 1970.

Kindly advice who is the competent authority where I can apply ang get agriculturist certificate based on old land records (Adhikar Abhikekh) a certified copy of which i have aquired from the village in Maharashtra where the land was situated.

Can such certifixcate authorise me to buy agricultural land in Maharashtra?


Thanks.


UJAS DHARAMSHI


Corporate Lawyer
[ Scorecard : 177]
Posted On 13 December 2010 at 11:03 Report Abuse

Thank You Sir for your valuable comments and advise. My grandfather was a farmer in Gujarat but he sold that agricultural land before some 35 years ago and now he is dead. I even dont know whether the revenue or the land records bears his name  or records as a farmer. In this case what can be done? Can we get a certificate from the Collector or any other procedure for Kutch, Gujarat? Kindly advise.

Thank You


Praveen Singh


Lawyer
[ Scorecard : 113]
Posted On 13 December 2010 at 12:55 Report Abuse

A farmer has to purcahse agricultural land within 2 yrs of sale of Agricultural land in case the subject land was the only Agricultural land owned by him.

As per the facts your Ancestor sold the land prior to 35 years and therefore his descendants can not claim to be farmers as per the Act.

However, as a chance you can check all the form 7/12 of the village in case your grandfathers's name is reflected in any other land. If it is not then you have to follow the procedure by applying to Collector u/s 43 and 63 of Tenancy Act.

As per the recent news story Government is also contemplating to remove the embargo of farmer for Purchase of Agricultural land by charging a premium for Non-Farmers but a Policy decision is yet to be taken for the same.


Chetan


GM
[ Scorecard : 30]
Posted On 13 December 2010 at 14:09 Report Abuse

Can a certificate from the Court of Nayab Tahsildar (from the area where the land was held long ago by my grandfather) mentioning that I am an ancesterial farmer suffice enough proof to buy agricultural land in maharashtra? Kindly advice.


Praveen Singh


Lawyer
[ Scorecard : 113]
Posted On 13 December 2010 at 14:19 Report Abuse

Till you are not actually a farmer, such certificate would amount to fraud and hence illegal.



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