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Rahul (trainee)     05 May 2012

How people purchase agricultural property

Sir,

I wonder how pepole purchase Agricultural properties even when they are not Farmers and dont have the documents showing them as a farmer and how one can get that so that he can purchase Ari property.  please let me know.

 

Thanks in advance.



Learning

 11 Replies

adv. rajeev ( rajoo ) (practicing advocate)     05 May 2012

They might have taken the permission from Asst., commissioner to purchase an agrl., land

1 Like

Sharad R. Seksaria (Director)     06 May 2012

Hi, even I am looking for a legally correct procedure to become an agriculturist. sharadseksaria@gmail.com
1 Like

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     06 May 2012

check out the following link :

 

https://www.lawyersclubindia.com/forum/Re-Can-Pvt-Ltd-Company-in-Maharashtra-buy-Agricultural-land-15364.asp

 

Keep Smiling .... Hemant Agarwal

1 Like

VIKAS GUPTA (Lawyer)     06 May 2012

Please tell me about which state you are talking? In Punjab there is no such restriction on purchase of Agriculture land.

Rahul (trainee)     06 May 2012

thanks all for reply 

i stay in Maharashtra Where there is a restriction on purchasing of argri , ie only farmer can purhcase Agri property.

S Jadhav 98336 98330 (Jadhav & Associates)     07 May 2012

Under the Bombay Tenancy & Agricultural Lands Act 1948 (BTAL), only farmers cn purchase property in Maharashtra. This applies to even farmers from other states. so you can become a farmer from another state where there is no such restriction and then purchase agricultural land in Maharashtra.

Another option is to apply to the Collector as per the BTAL and if you get his permission then you can purchase agricultural land in Maharashtra. The Collector has powers to do so on certain conditions being met.


S Jadhav

Rahul (trainee)     09 May 2012

sir, thanks for the reply  can you give what could be the conditions on which collector may give permittion

tanks again for the reply.

by

S Jadhav 98336 98330 (Jadhav & Associates)     10 May 2012

If you look at the BTAL, there are conditions based on which the collector can give you permission to purchase agricultural land e.g. one of the ways in which you can become and agriculturist is by convincing the collector that you have decided to take on the occupation of the farmer by leaving your earlier profession or another is by proving that you are a farmer in another state which does not require you to be an agriculturist to buy agricultural land.

For more details you may get in touch with a trusted  expert of your choice who will guide you as more details are difficult to discuss in public forums.

S Jadhav

Rahul (trainee)     11 May 2012

can agricultural land be gifted to non farmer 

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     12 May 2012

1.   The question is like finding a Loop-Hole / circumventing the agriculture land Laws.  IF such loop-holes are permitted, THEN by now most of the agriculture land would have been gifted to non-farmers and there would be no need for sale-deeds of whatever.


2.  Agriculture land can NEVER be gifted to non-farmers.   The Gift-Deed would be ultra-vires and will be deemed to be null & void.

 

Keep Smiling .... Hemant Agarwal
 

1 Like

S Jadhav 98336 98330 (Jadhav & Associates)     12 May 2012

With all due respect to others, I put my view as follows:

Under the various laws including BTAL as mentioned above, there are conditions under which one can become an agriculturist if he/she was originally not a farmer. However, the conditions are quite strict e.g. One of the ways in which one can become a farmer is by convincing the collector that you want to becaome take on the profession of an agriculturist by leaving your current profession and if the collector is satisfied than he may permit you to become a farmer and buy agricultural land. Similarly there are other ways. Of course, none of them are very easy methods.

 

This is due to the fact that all those who had land in their name and were farmers therefore, created a law similar to the "chaturvarna" so that you can only be a farmer if you are born in a farmer family. The main reason though was that the purpose of the law is to protect the farmers from those who are not farmers but have money to buy their land. In today's world, however, the government itself deprives the farmers from farm land by using the old laws to buy the land and then give it to the non farmers at very cheap rates.

S Jadhav

1 Like

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