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Somanath (.)     23 March 2013

Buying agriculture land in karnataka

Hi Expert panelists,

I have an issue with Revenue department officer.
I am being from Agriculture family , my father has agriculture land in his name, and also I myself has agriculture land (3.5 Acre) in my name.
Now I have purchased 5 gunta agriculture land (value as per sale deed is Rs. 250,000/-) in Bangalore and got registered in my name as well(2nd Feb 2013).
As part Khatha / Mutuation creation process, documents from Sub-Registrar office came to Gram panchayati(Naad Kacheri) , when I approached officer, he asked me
following list of documents;

1. RTC for the year of 1973-74 ( my other land 3.5 acre)
2. Incoe Tax Certificate (I assume this should be taken from Tahasildar)
3. IT Clearnce
4. Family Tree
5. EC of current land (5 guntas)

As I am working in private firm here in Bangalore and I pay Income Tax around Rs. 80,000/- anaually.
This officer telling me that if I am paying Income Tax, I AM NOT ELGIBLE to buy this land and this will be rejected. Now that I have already registered a property in my name, how to obtain Khatha.

Please suggest how to proceed, further on this.


Thanks,
Somanath CN
 



Learning

 8 Replies

Advocate M.Bhadra   23 March 2013

The articles originaly publisher on Aug 14th 2005 in Economics Times

Ashish Gupta, TNN Aug 14, 2005, 02.07pm IST

Agricultural land can be bought in Karnataka after fulfilling certain requirements.

These include:

The annual average income of the person including agricultural income should be less than Rs 2 lakhs.

The person must have had an agricultural land in his name before the year 1974. The person should be an agriculturist or an agricultural worker by profession.

 

As per Section 79A of the Karnataka Land Reforms Act 1961, the non-agricultural income of a purchaser who must be an agriculturist should not exceed Rs 2 lakhs per year. Sale of land granted to members of scheduled caste and tribe is not allowed. Also, sale of land granted by the government is not allowed for a period of 15 years. Agricultural land can be used only for agricultural purposes and no other purposes. Utilising agricultural land for any other purpose is prohibited by law. Agricultural land, which does not come under the Green Belt, can be converted for non-agricultural purposes like residential, commercial, industrial etc, subject to the approval of the Special Deputy Commissioner on payment of the prescribed fees and subject to certain conditions.

To purchase agricultural lands, these documents need to be produced:

Form No 1

Vendor's Pani, mutation Purchaser's pani

Survey map of the land to be sold, certified by the Survey Department. Survey number means a portion of land, the area and assessment of which are separately entered under an indicative number in land records. Sub-division of survey number means a portion of survey number, the area and assessment of which are separately entered in land records under an indicative number subordinate to the survey number, of which it is a portion. This is also called 'hissa number'. Survey mark means any mark or object employed to indicate the boundaries of the property

Affidavits

No objection certificate from the Tahsildar

Government permission in specified cases (like purchase of agricultural lands by people other than agriculturists and agricultural workers)

J Form

RTC, i.e., record of right, tenancy and inspection of crops. This is a primary record issued by the village accountant. It contains the details of survey number, total extent of the land, names of the owners and their extent of holding, persons in possession, details of crops grown, and land revenue for any particular period. It also contains the details of conversion of land from agricultural to non-agriculturalal

Mutation extract:

This is an extract from the mutation register maintained by the village accountant. It records the transfer of land and the mode of such transfer, recommendations of the enquiry officer for such transfer, and date of entry of transfer in the record of rights

Tippani:

This document is issued by the Survey Department. A tippani shows a sketch of the land as in the records of the Survey Department.

Akarband:

This document is also issued by the Survey Department. It establishes the survey number and to whom the particular survey number was originally allotted and the land revenue assessment details.

Section 79 A&B endorsements:

These are issued by the Tahsildar. These endorsements certify that there are no cases against the person owning the agricultural land, and whether he is an agriculturist or not, conforming to the prescriptttions of Section 79 A&B of the Karnataka Land Reforms Act 1961 (since only agriculturists and agricultural workers whose average annual income is less than Rs 2 lakhs are entitled to own agricultural lands in Karnataka.

Somanath (.)     23 March 2013

Hi Minanshu,

Thank you so much for your comperhensive details, I got complete understanding of clause for purchase of Agriculture of land.

Is there any alternative work around where in I can try out. As I see it's practically impossible to fulfil the rule of having agri land in my name before 1974.

Thanks,

Somanath CN

vinayaka (ENG)     06 May 2014

Hi somanath, for it clearance what you did?

vinayaka (ENG)     06 May 2014

As ur income is more than 2 lakh is it possible to transfer the land in or name I am also in same problem.

vinayaka (ENG)     06 May 2014

As ur income is more than 2 lakh is it possible to transfer the land in or name I am also in same problem.

jeevan (Engineer)     08 June 2015

Dear Somanath and Vinayaka,

were you able to transfer the Khatha on to your names.

 

please update. I am also in the same situation.

 

Nithish   14 April 2018

The Karnataka Land Reforms (Amendment) Bill, 2015, which was passed by the state legislature on Friday, raises the annual income limit for acquiring land by persons not engaged in agriculture from Rs 2 lakh to Rs 25 lakh. - See more at: https://indianexpress.com/article/india/india-others/land-acquisition-karnataka-eases-norms-for-people-not-engaged-in-agriculture/#sthash.PC4tpO66.dpuf

Nithish   14 April 2018

The Karnataka Land Reforms (Amendment) Bill, 2015, which was passed by the state legislature on Friday, raises the annual income limit for acquiring land by persons not engaged in agriculture from Rs 2 lakh to Rs 25 lakh. - See more at: https://indianexpress.com/article/india/india-others/land-acquisition-karnataka-eases-norms-for-people-not-engaged-in-agriculture/#sthash.PC4tpO66.dpuf

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