Buying rule of agriculture land in Gujarat

 

Mr. Patel,

 

                  pedhi namu bani ve ne , varsa e kara vi lo. pachhi 7/12 ma nam tamaru dakhal karavi lo .

 

Narendra,

If the land which is being sold was the only land owned by your father then, before registration of sale deed, you should become a co-owner of the land with your father by fsubmitting an affidavit to E-dhara Kendra at Collectorate.

In case registration has already been done, purchase another agricultural land in the name of your father within one year of the sale, then apply to record your name as co-owner. Later, your father can waive his rights.

In case your father has another land, then enter your name as a co-owner in that parcel.

In case your father refuses to do so, you can file a suit for partition for your share and get a direction of the Court and your name will be recorded as a co-owner.

In case your father has sold the land and he does not have any land and also does not want to purchase any land in his name, there is no chance of your becoming an Agriculturist.

By any permutation as mentioned above once your name is recorded you can purchase agricultural land.

 

To, D. J. Pandya Legal Maneger Dear Sir, I reciced your letter togather with the attached file containg oral order of High court of Gujarat at Ahmedabad. I read this oral order . I am confused in this Attched file the person had become farmer by default and so he lose his case. In High court of Gujarat. But my case is different. I am already farmer in Maharashtra and willing to be for farmer in Gujarat, I request you to send the case pertaing to my situation. Thanks Kamlesh

Dear Kamleshji,

 

While sending previous judgment, I had requested to take advice of lawyer for any confusion.

 

Now, sending another judgment passed by High Court as per your facts.

 

Again request you to kindly concern your lawyer for betterment and clarity.

 

Warm Regards

 

Kamlesh/Mr. Pandya,

 

The judgement in Abdul Karim of Bombay High Court is not accepted on the face value by the Gujarat High Court. The Gujarat High Court has interpreted that a farmer should be an agriculturist within the state of Gujarat. The judgement is not overruled and holds the same value against the persons who want to become Agriculturists. The judgement would not be helpul to you and the legal position is exactly opposite in Gujarat.

 

 

 

 

 

 

Sir, My father was an agriculturist till 2004. Unfortunately, we have sold all our land and we have become landless. Can I buy the agriculture land to carry on agri related business, either in my name or in a name of company, providing the proof of past land holding records? Is it must that the small green house/ farm house needs only agri. land? We are planning a group of Agri Graduates Company, to start the green house project in land of 1-2 acres in village. Please advise us the way to procure the the required land.

It may not be possible to start such project in Gujarat. You can start such project in other states of India where the condition precedent to be an Agriculturist to purchase Agricultural land is not prevalent.

Dear Sir,

Can any body help to know following.

I am a Farmer from U.P. I am now living in Gujarat Since 1970 and I would like to buy Agriculture land in Gujarat and would like to do Agriculture activities personally in Gujarat? is it possible to buy Agriculture land in Gujarat?

Can ANy body Help me for the following.

I bought a plot of 3000sqmt in Ahmedabad in one plot scheme. I paid all money by cheque. I have all receipt of payments. I have share certificate provided by the builder. The plot also is under my possession. I have planted lots of fruti trees and plants becasue i like planting plants. This was bought before ten years. recent ly I came to know that the part of land in this scheme is has not been converted in to non agricultural land. My plot falls in the area that is not converted to non agricultural land. In addition to this I came to know that Government has put some T.P scheme and 1/2 of my plot will get aquired in this New T.P Road. After knowing this I went to the builder and asked him to get my land register in my name and also informed about this nes. He in reply said that what you have heared is correct. he also said thatyour 50% plot will be taken away by Govenment and he cannot do any thing for this. This means that I will have to forget this 50% land with out any comensation and Also said that it is not possible for him to at this momnet get the plot non agricultural. He also said that I can do what ever I want to do.

Now in the said situation Can any body suggest what should I do/ Do I have any legal option to get my land converted in to Non agricultural? Do I have any legal option to fight against him? The land cost has gone rocket high in this area. Can I get the land back in the same area by law from the builder? What do I do?

for  TARUN :

 

1.  If the Govt. acquires agricultural or non-agricultural land for any Govt. Project,  the Govt. always gives compensation as per the value of land recorded with the revenue dept.,  AS well as for the assets (Trees, well ....) that is available inside the land.

2.  You also have an option of approaching the competent authority (who will evaluate) for such acquisations, WITH A REQUEST TO ALLOT YOU SOME OTHER APPROPRIATE LAND, in lieu of compensation.    Once a govt. directive is passed for acquiring the land, THEN NOTHING CAN BE CHANGED IN THE REVENUE RECORDS, including transferring it to somebody else or converting it to NA or whatever.  Further the builder cannot be held responsible under any law, IF the govt. decides to acquire the land.

Keep Smiling .... Hemant Agarwal
 

Dear Mr. Agrawal,

Thank you very much for taking interest in my question and giving your reply. Pl. note that as mentioned the plot given to me and the documents of the plot given to me are all fake. The plot given to me is in my control but he has not got it converted in to non agricultural land. This mean that this plot belongs to his either father or mother or some family members. This also means that When the Government will aquire the land the benifit will also go to the person on who's name the documents are available as agriculture land. Is my understanding correct?I know and could understand that this is the case of doing fraud. Is it correct? but as mentioned he has given a) share certificate to me, b) No due certificate to me, c) Receipt of all payments informing the cheque number. d) And Today at least he is not saying that the plot is not mine and is under my control. Pl. under stand that the the scheme of plot is very big. There might be more thatn100 plots of 1000sq yard. and it is dificult ot understand which has been converted in to non agriculturaral and which is not concerted. In the said situation Can you pl. guide me what to do? I will be highly obligue if you can give me some guidance on this.

Hi LCI,

SUB: Farmers in U.P. and want to purchase agricultural land in Gujarat

I am residing in Mumbai and my whole family is in State of Gujarat. My mother is from Uttar Pradesh where she holds titles of two agricultural land which is basically ancestral property. She has her name as Khatedar and she was the only child of my grandfather.

Therefore bu virture, I am also khatedar by inheritance alongwith my two brothers and we also have the titles on the above lands.

Now, we all the brothers wants to purchase agricultural lands in our own names separately in Gujarat. We are enjoying status of Farmers in Uttar Pradesh.

Kindly requested to help on the same and if there is any positive judgement for the same, request you to provide the same for the reference. Also suggest possible processes to purchase agricultural land in Gujarat either by above virtue or as a resident of 'state  of Gujarat.

 

Regards

Darshan Thakar

Mumbai

Dear Sir , Good Day

how can we sell the land in below condition matter & what is the further procedure we have to do pls replay

We have land 30 Acres and 21 Gunthas was granted under the Saurashtra Barkhali Abolition Act, 1951 for personal cultivation or for growing fruit trees on condition that the same will be recalled or revived at any time for the public purpose.The brief facts of the case are that land bearing Survey No.205 admeasuring A.30-25G prior to coming into force of the Barkhali Abolition Act 

how can we sell the land and what is the procedure we have to do

pls replay me, Awaiting your replay

 

 

I am from Ahmedabad . I am interested to become agriculturist in Gujarat. My Father is not a Farmer nor we have any agricultral land in our name. Could you please let me know the legal procedure to become farmer ? One of my Uncle (Dad's brother) is a Farmer.

Thanks in advance.