Conversion of agricultural land by mortgagee

DHARMASHOKA PANDA-BBA LLB (Querist) 25 July 2023 This query is : Resolved
can a mortgagee convert an agricultural land at BLAR if yes any judgement supporting the statement
Mortgage type equitable

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In India, fertile agricultural land is strictly designated for farming. Converting it for residential, commercial, or industrial use requires official permission. A mortgagee generally cannot convert agricultural land themselves. However, if the mortgagee can successfully prove their title to the mortgaged property, they may be able to apply for the necessary land conversion permission.

kavksatyanarayana (Expert) 25 July 2023
No. Mortgagee has no right to convert the land.

T. Kalaiselvan, Advocate (Expert) 26 July 2023
As per the provisions of the land law, fertile land in India can only be used for agricultural purposes and nothing else. To use it for residential, commercial or industrial purposes, it is mandatory to seek land conversion permission from the authorities.
However the mortgagee has to prove the title to the property mortgaged to him in order to apply for conversion of agricultural to NA.

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