Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Dhruvesh Bhonsale   29 June 2018

Buying land in gujarat

I'm a engineer with background having no family history of farming or owning land, but my wife's family own's land in gujarat. we haven't changed her name after marriage, so all legal documents are in her family's name. now if i want to buy a land on her name is it possible? if so what kind of documentation is required to legal purchase the land in her name? Best Regards,


Learning

 1 Replies

Vanshika Kapoor   24 July 2018

As per the Full Bench Judgment of the of Hon'ble Gujarat High Court, any person, who is an agriculturist in any part of the Country, is deemed to be an Agriculturist in Gujarat, and can buy Agricultural Land in Gujarat.  

What is the nature of Land you are proposing to Buy ? Is it a "New Tenure Land" (Navi Sharat Land) or an "Old Tenure Land" (June Sharat Land). if it is an Old Tenure Land, then you are not required to take any prior approval from the Government, and you can straight away purchase the Land, by executing a registered sale deed and then make an application to the concerned Revenue Authority, for mutating your name in the Land Records village Form No 6, 7/12. If then the authorities do not mutate your name in the land records, then you can file Writ Petition in the High Court. You will get relief by the Court. 

If the Land is a New Tenure Land, which you are proposing to purchase, then first of all, you have to get the land converted in to Old Tenure Land, by paying premium, (however, as per the new policy of the Gujarat Government, a land held by agriculturist for continuous period of 12 years, will get automatically converted to old tenure). And after it is converted in to Old Tenure, you can execute the sale deed above. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register