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Chetan (GM)     07 September 2010

Buying Agricultural Land In Maharashtra

Dear Sir,


I wish to buy agricultural land in Maharashtra near Pune.

Presently as in our whole family including my wife's side there is NO agri land holding

After some efforts I could locate and get a Adhika Abhilekh Patrak (copy certified by tahsildar) from Nagpur, where my grandfather's name is mentioned but it also mentions that the said land was sold by him in 1957 (that was the last piece of land in our family)

Kindly advice if it is possible by some means to get farmer status for myself?

Thanking you in anticipation.

Chetan



Learning

 6 Replies

N.K.Assumi (Advocate)     07 September 2010

Almost all the States in India is having Land Reforms Act with certain restrictions. As for example the Karnataka state under Section :-

79A. Acquisition of land by certain persons prohibited.—
(1) On and from the commencement of the the Karnataka Land Reforms (Amendment) Act, 1995, no person who or a family or a joint family which has an assured annual income of not less than rupees two lakhs from sources other than agricultural lands shall be entitled to acquire any land whether as land owner, landlord, tenant or mortgagee with possession or otherwise or partly in one capacity and partly in another.
(2) For purposes of sub-section (1)—
(i) the aggregate income of all the members of a family or a joint family from sources other than agricultural land shall be deemed to be income of the family or joint family, as the case may be, from such sources;
(ii) a person or a family or a joint family shall be deemed to have an assured annual income of not less than rupees two lakhs from sources other than agricultural land on any day if such person or family or joint family had an average annual income of not less than rupees two lakhs from such sources during a period of five consecutive years preceding such day.
Explanation.—A person who or a family or a joint family which has been assessed to income tax under the Income Tax Act, 1961 (Central Act 43 of 1961) on an yearly total income of not less than rupees two lakhs for five consecutive years shall be deemed to have an average annual income of not less than rupees two lakhs from sources other than agricultural lands.
(3) Every acquisition of land otherwise than by way of inheritance or bequest in contravention of this section shall be null and void.
(4) Where a person acquires land in contravention of sub-section (1) or acquires it by bequest or inheritence he shall, within ninety days from the date of acquisition, furnish to the Tahsildar having jurisdiction over the Taluk where the land acquired or the greater part of it is situated a declaration containing the following particulars, namely:—
(i) particulars of all lands;
(ii) the average annual income of himself or the family;
(iii) such other particulars as may be prescribed.
(5) The Tahsildar shall, on receipt of the declaration under sub-section (4) and after such enquiry as may be prescribed send a statement containing the prescribed particulars relating to such land to the Deputy Commissioner who shall, by notification, declare that with effect from such date as may be specified in the notification, such land shall stand transferred to and vest in the State Government without further assurance free from all encumbrances. From the date specified in such notification the Deputy Commissioner may take possession of such land in such manner as may be prescribed.
(6) For the land vesting in the State Government under sub-section (5), where the acquisition of the land was by bequest or inheritance, an amount as specified in section 72 shall be paid and where the acquisition was otherwise than by bequest or inheritance, no amount shall be paid.

79B. Prohibition of holding agricultural land by certain persons.—(1) With effect on and from the date of commencement of the Amendment Act, except as otherwise provided in this Act,—
(a) no person other than a person cultivating land personally shall be entitled to hold land; and
(b) it shall not be lawful for,-
(i) an educational, religious or charitable institution or society or trust, other than an institution or society or trust referred to in sub-section (7) of section 63, capable of holding property;
(ii) a company;
(iii) an association or other body of individuals not being a joint family, whether incorporated or not; or
(iv) a co-operative society other than a co-operative farm,
to hold any land.
(2) Every such institution, society, trust, company, association, body or co-operative society,—
(a) which holds lands on the date of commencement of the Amendment Act and which is disentitled to hold lands under sub-section (1), shall, within ninety days from the said date, furnish to the Tahsildar within whose jurisdiction the greater part of such land is situated a declaration containing the particulars of such land and such other particulars as may prescribed; and
(b) which acquires such land after the said date shall also furnish a similar declaration within the prescribed period.
(3) The Tahsildar shall, on receipt of the declaration under sub-section (2) and after such enquiry as may be prescribed, send a statement containing the prescribed particulars relating to such land to the Deputy Commissioner who shall, by notification, declare that such land shall vest in the State Government free from all encumbrances and take possession thereof in the prescribed manner.
(4) In respect of the land vesting in the State Government under this section an amount as specified in section 72 shall be paid.
Explanation.—For purposes of this section it shall be presumed that a land is held by an institution, trust, company, association or body where it is held by an individual on its behalf.

Chetan (GM)     07 September 2010

Kindly give info relating to Maharashtra State law on the above matter

Thanks

sanjay mundada (legal advisor)     08 September 2010

friend chetan

 you can apply u/s 63of maharashtra agri. land tenancy act of maharashtr.for permission to purchase agri. land.

it is our right to do business of agri.

also there is very vast corruption is involved to get such permission in pune .contact head clerck or niwasi nayab tahasildar at pune tahsil office .you can become farmer  legally .
 

Manish (Propritor)     07 March 2011

Hi! I am keen to own a farm land in Maharashtra. I am not a Farmer nor my any of the ancestors. Please guide me how can I purchase agriculture land for me?

mandar (technical)     03 September 2014

Hi, i have one question to ask --

my father is farmer by birth. but he sold his farm land one year ago. now he wants to own again a farm land at other place. can he buy the farm land again. and if yes, what is procedure or what proof he has to submit to government office in that land territory again. pl guide about rules of indian government.

thnx,

mandar.

Rekha (Self employed)     13 November 2014

Hi, I am a resident of Mumvai and would like to purchase agricultural land in Mahad. I don't have any farmers certificate. I have a friend who has a 7/12 certificate. If I jointly register a land with her, does it automatically give me rights to own a farmland? Request advise.


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