Acquiring farmer status
ramchandra
(Querist) 13 April 2013
This query is : Resolved
I am not owner of agriculture land but I want to purchase land which is agriculture land. I am staying in Maharashtra Please guide me as to how can I become farmer and how much approximately expenditure I will incur. Thanks in advance
Advocate M.Bhadra
(Expert) 13 April 2013
Agriculture land and operations in Maharashtra are regulated by three pieces of legislation viz. 1) The Bombay Tenancy and Agriculture Lands Act, 1948 .2) The Maharashtra Land Revenue Code, 1966 & 3) The Maharashtra Agricultural lands (Ceiling on Holdings) Act, 1961. The legal terminology used in these legislations are briefly summarized here below for clearer understanding of the working and dealing later on.
SALE AND PURCHASE OF AGRICULTURAL LAND
CLASSIFICATIONS OF AGRICULTURAL LANDS
Bagayeet (Wet Crop) Lands: These types of lands remains under cultivation for all types of crops, horticultural products, vegetable, nurseries etc. throughout the year by using reserve water sources i.e. wells, rivers, canals etc. Jirayeet (Dry Crop) Lands: These lands are mostly dependent on monsoon for cultivation where other water resources are not available. Such lands are mainly cultivated for Jawar, Bajari, Wheat, Dals and such crops once in a year.
Padik (Barren) Lands: These lands mostly consist of rocky soil where cultivation is not possible easily. In other words these are non-cultivable lands. OWNERSHIP CLASSIFICATIONS
Private Ownership: Private ownership lands are divided in two categories: –
Kabjedar: The agricultural lands owned and cultivated by the holder are private ownership lands. The ownership of such land is permanent in perpetuity and the holder is entitled to sale such lands. The owners under this category are termed as Kabjedar or Bhooswami in revenue records of 7/12 extract. 32-GLands: Lands under this category are also private ownership lands, which are allotted to kool for cultivation, against payment of yearly rent payable by the said kool to the landlord.
Under the provisions of (protected) Tenancy Act (Kool – Kayada) the lands under cultivation by such tenant as on 1-4-1957, such kool being statutory purchaser automatically becomes the holder of such land, had it been the said tenant has paid appropriate value (Nazarana), to the Govt. and have obtained a Sanad / Certificate under section 32/M of the Act and thereafter such land can be sold and not otherwise.
In some of the cases even today it is seen that the encumbrance i.e. 32-G is mentioned by way of mutation entry in the other right’s column of 7/12 extract. Which means that the said tenant (even in possession of land) has not paid appropriate value (Nazarana) to the Govt. and obtained necessary Sanad/Certificate under section 32-M of the Act and to that extent the land is encumbered. In such circumstances the holder cannot sale such land unless the appropriate value (Nazarana) is paid to Govt. and necessary Sanad/Certificate /Permission is obtained.
Note: It is advisable that the purchaser of such lands (32 – G) should verify the compliance of above obligations by the holder before execution of transaction.
Government Ownership: The lands NOT owned legally by any person as well as lands declared as forests, and lands covered under sea bed, creeks below high water mark, rivers, nallas, lakes, tanks etc. are normally Govt. lands unless private ownership is mentioned in 7/12 extract.The State Govt. can award their lands to private individuals on certain terms and conditions for cultivation; which are known as under: -
Inami / Vatan Lands: - The lands awarded by the State Govt. to religious trusts, temples or to a person for his distinguished services, for their use and occupation; are Inami / Vatan Lands, which cannot be transferred by such person or body holding inami / vatan rights, without permission of the Govt. However this category is no more operative as the inami / vatan rights are abolished by law.
Khalsa Lands: - The lands of which inami / vatan rights are abolished are known as Khalsa lands, even though are in private possession. Such holder cannot sale khalsa lands without prior permission of Govt. The State Govt. can permit sale only after recovering appropriate value (Nazarana) from the seller as determined by the collector, and not otherwise.
Note: It is essential for purchaser that where the charge of Govt. is mentioned as Khalsa in 7/12 extract, he should verify & confirm that the permission for sale & transfer is obtained from the Collector and appropriate value (Nazarana) is paid to Govt., prior to transaction.
Tribal (Adivasi) Lands: - The lands allotted by the Govt. to adivasis for cultivation known as Tribal Lands. Sale & transfer of such lands in any manner whatsoever in favour of non-tribal, is strictly prohibited unless specifically permitted by the Govt. Any transaction of adivasi/tribal lands, without permission of Govt. is illegal and will not be entertained by court of law. Even no pleader or advocate can appear or represent before collector/commissioner on behalf of non-tribal purchaser.
. WHO CAN PURCHASE AGRICULTURAL LAND?
ONLY an Agriculturist of any state of India can purchase agricultural land/s in state of Maharashtra. (Non-Agriculturist is prohibited from purchase of agricultural land by law).
The purchaser agriculturist has to produce proof of he being an agriculturist by submitting 7/12 extract in his favour, to the land revenue officer – Talathi of the respective village, without which ownership of such purchased agricultural land/s cannot be transferred.
Note: If wife or husband prior to her or his marriage, either of is an agriculturist the other automatically becomes agriculturist and there after their children by succession.
ajay sethi
(Expert) 13 April 2013
you cant buy agricultural land in mahrashtra as you are not a agriculturist
R.K Nanda
(Expert) 13 April 2013
agree with experts.
Raj Kumar Makkad
(Expert) 13 April 2013
You purchase the agricultural land in the State wherein there is no such requirement like Haryana, Rajasthan, Punjab etc. and obtain your desired status of agriculturist thereto and then do as desired.
ramchandra
(Querist) 24 April 2013
Advocate Mr. Raj kumar Makkad
To whom I have to contact in the matter. Approximately expense for that. I will be thankful to you if you guide in the matter.
Thanking you.
