regarding agriculture land
raghavendra
(Querist) 28 April 2010
This query is : Resolved
sir,
1. what are the procedure to perchase the agricultural land ?
2. what are the procedure to take the property on lease ?
3. what are the procedure to convert the agricultural land into NA. what is the present fees structure in karanataka?
thank you
adv. rajeev ( rajoo )
(Expert) 28 April 2010
If you are from agrl., family you can purchase an agrl., land, if not you will have to take the permission from the Asst., commissioner.
Your annual income shall not exceed Rs.200,000/-. Income includes family income. You have to file an affidavit in this regard before the sub registrar while purchasing the agrl., land, if your income exceeds and if you filed false affidavit then 79 (b) of KLR act applies, if any body challenged your sale govt., will take over the property.
To take the property on lease except agrl., land lease deed is must and it is to be regd.,
To convert an agrl., land into NA land Ac has to pass an order after filing an application by you to convert.
Raj Kumar Makkad
(Expert) 28 April 2010
Why are you putting these legal questions without any reference?
What type of problem are you facing and what is your specific query meant to your case?
raghavendra
(Querist) 29 April 2010
sir, actually i want to take some property (building ) for bussiness perpose, i want to take that building on lease which is located in agricultural land,
how can i take take that building on lease for bussiness purpose, is it possible?
please advice me what are the documents are required to take that property on lease
and procedures for registrations.
and about stamp duty.
sir, can i i take that property on rent , what is the differance between rent and lease,
sir give me one draft of lease which having a general clauses.
thank you
Daksh
(Expert) 29 April 2010
Raj if you cannot understand the question properly there are "MORE CIVILIZED UNINTIMIDATING WAYS OF SEEKING CLARIFICATION"
Mr.Santosh,
I apologise on behalf of Raj for his childish and proompting attitude.
Now coming to your query you have to see whether you are willing to take a business call of getting the change of land use approved with the statutory authority. In so far the difference in Lease and Rent is concerned the same may be clarified with the following :
TERMINATION:
In Lease it is either termination which happens prior to the period or on expiry of term on efflux of time, there is a pre-condition to issue notice as per Section 104 to 106 of TPA. In lease after termination if the tenant continues to occupy the tenancy premises, he is held as "tenant holding over" Section 116 TPA, and cannot be thrown out of the premises without due process of law.
In License the occupant becomes a rank tresspasser and has no right as holding over rights and becomes the occupant on sufference.
POSSESSION:
In Lease if a person creates any artifact or fixture of permanent nature, the person, only owns the same and the lease does not become irrevocable. However, in case of License, where the user right of a land is provided and the person makes some fixture of permanent nature, the License becomes irrevocable (Section 62 Easement Act).
LITIGATION:
In Lease, where possession is sought back, the court fees is paybale on the annual rent (Court Fee's Act).
In License, where right is deteremined, the court fees is payable on the market value of the property (Court Fees Act). License is a right of a person over a property.
However, in License, there is a general tendency, where licensors file a suit for permanent and manadatory injunction, seeking reliefs to the extent that the Licensee stop the user of the premises and a direction against licensee to remove its articles and artifacts from the premises.
RIGHT:
In Lease, the right is passed on to Legal Heirs.Lease is a right of a property vested in a person.
In License, it is not.License is a right of a person over a property.
Once again Mr.Santosh I request you to kindly ignore the immature and childish folly purported by Raj.
Best Regards
Daksh
raghavendra
(Querist) 29 April 2010
really i was looking for this advice, thank you very much Mr expert daksh.
