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Raju123 (as)     27 May 2024

Best option to document small portion of agriculture land

Hi All,


We have land in Karnataka which do not possess way or Road and, as such, after long negotiation with our niebouring land owner, he has agreed to give us around only 400 Square foot area(which is sufficient enough for Road) out of his 2gunta land(he is not ready to sell the who "two gunta" of land all though we are ready to buy it). As per our understanding the minimum land require to go far sale deed is 5gunta and above in Karnataka and since this land area is less than one Gunta,

We are advised to go far Registered sale agreement:

1. Please advise is "Registered sale agreement" valid forever and protect us from in the future or is it valid ONLY for 3 years like the normal agreement?.

2. I read in one of the article that "if full payment is made and no time limit is mentioned in the agreement then the validity of the sale agreement does not expire. if this true, should I go far Registered sale agreement with full payment or normal sale agreement with full payment?

3. Any other option other than the above that you would suggest to document this small area of land legally.





 5 Replies

T. Kalaiselvan, Advocate (Advocate)     27 May 2024

1. Sale agreement will not confer title on the buyer,  it can be revoked any time,  the buyer's rights and interests are not protected by a sale agreement even if it is executed by a registered deed. 

2. The sale agreement until converted into sale deed by a registered deed cannot confirm the title to the property on the buyer. 

Raju123 (as)     27 May 2024

Hi Kalai sir, 

Thanks for the response. As per my understanding the minimum land required for registration is 5 and above but in our case the land size is less then half gunta(not even one gunta). Kindly advise, what is the best option to make the small region of land legal.

Dr. J C Vashista (Advocate )     27 May 2024

2 guntha offered for sale and you have agreed to pay/ buy do not transfer title (ownership) in your name. It may get revoked any time even if you have paid agreed amount.

Local laws apply for sale purchase transaction regarding minimum / madximum land, consult a local prudent lawyer. 

kavksatyanarayana (subregistrar/supdt.(retired))     27 May 2024

For small extents of land i.e. below 0.10 cents, the registration cannot be done as agricultural land.  so you may adopt non-agricultural extent (as site) it may be registered.

T. Kalaiselvan, Advocate (Advocate)     27 May 2024

Since it is an agricultural property and not converted to NA, this small piece of land cannot be sold nor registered as per law.

Hence you may better enter into a lease agreement for 50 years or more and get it registered ( hope there would be no problem to get the property registered under lease agreement), if this also do not fetch you the desired result you may better enter into a name sake sale agreement with a mention that the entire sale consideration amount has been paid and let the seller acknowledge the same, this will serve as an evidence in case the vendor is trying to sell this property due to some misunderstanding between you both at a later stage to help you to obtain a stay order against them.

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