Purchase of agricultural land
Adv. khojraj Dhanraj Nerkar
(Querist) 23 April 2012
This query is : Resolved
As the Non Agriculturist can not Purchase Agricultural Land (Sec. 63 Btal act),
1) Whether mare Agreement to Sale to Non Agriculturist (CO.)is Legal/valid?
2) Whether condition " that the sale deed of the said land will be executed after conversion of the land in to non agricultural" will be valid?
3) what will be the effect of the Agreement to Sale after conversion of the use of the land? can Sale Deed be executed?
Deepak Nair
(Expert) 23 April 2012
1. Invalid
2. Invalid
3. Neither agreement to sale nor sale deed can be executed for the land unless it is converted into NOn agricultural land.
Shonee Kapoor
(Expert) 23 April 2012
1. Void
2. Valid, if the land conversion is allowed.
3. It can be enforced.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 23 April 2012
1) Whether mere Agreement to Sale to Non Agriculturist (CO.)is Legal/valid?
No,but if prospective buyer becomes an agriculturist by buying some agricultural land in some other state where such a bar is not imposed and then get the sale deed done,it would be valid.But agreement in mater of dispute would not be specifically enforceable.
2) Whether condition " that the sale deed of the said land will be executed after conversion of the land in to non agricultural" will be valid?
Yes!But only after conversion order is obtained since it would be treated as an contingent agreement.
3) what will be the effect of the Agreement to Sale after conversion of the use of the land? can Sale Deed be executed?
it would be binding on parties.
