How to acquire agricultural land in Maharashtra and Gujarat?


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?

 
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civil practice

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.

 
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ADVOCATE & DIRECTOR

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

IN ALL STATES.

 
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Lawyer

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.

 

 

 

 
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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.

 
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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

 
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Lawyer

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.

 
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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.

 
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Lawyer

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

 
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