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Gaurav Sachan   01 September 2020

Can a lawyer buy an agricultural land in his wife name and sell it by doing plotting on same land

wanted to check if a practicing lawyer can buy agreeculturer land in UP and then sell plots on that land after converting that under section 143


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 9 Replies

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     02 September 2020

He might have purchased vacant land in his Wife's name which he may be trying to sell bifurcating it into smaller plots.

 

If anybody wishes to purchase such lands,  the documents to title to such property or genuine copies  there of need to scrutinise thoroughly whether seller has marketable title to sell. Encumrance Certificate need to be obtained and verify any encumbrances exust

G.L.N. Prasad (Retired employee.)     02 September 2020

There are two things involved in the query.

1. Anyone can purchase the agricultural land as per laws prevailing in that state. In UP only agriculturists can only purchase the lands.  At some places, only SC/ST can purchase the lands etc.   There is no specific law that prohibits advocates alone from purchasing the land.

2. The use of land must be decided by the local authority.   The agricultural land can not be converted to residential areas without specific permission for the use of land by the local authority.

3. The seller is supposed to provide the details of such approvals/sanctions through a notice board on site.

If you have doubts you can file RTI Application and can seek entire documents from the Local Authority (municipality/corporation/develpment authority) that permitted such outlay.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     02 September 2020

Thank you. This is not known to me.

Gaurav Sachan   02 September 2020

thanks but my question is-" Can a practicing Lawyer or his wife be involved in buying agreecultural lnd and selling it by cutting plots for the purpose of making profit?" Doesn't bar council of India ristricts lawyer/his family to actively involve in such kind of business?

G.L.N. Prasad (Retired employee.)     02 September 2020

Seek such information from Bar Council of India under RTI Act.

Information solicited:

1. Please provide certified copies of bars/restrictions if any on the wife of practicing lawyer or his family members in buying agricultural land and selling it through residential plots or doing some business.

 

(BCI can control an advocate on his profession and ethics and can not restrain his family members in making a living through business.  Just search profiles of leading lawyers and they are in the boards of several reputed companies as directors)

P. Venu (Advocate)     02 September 2020

Advocates are not barred in dealing with property. It is only that they cannot engage in another profession or employment.

Gaurav Sachan   03 September 2020

which means advocates can be involved in making profit by the way of converting agreeculturer land into plots and then sell it?

P. Venu (Advocate)     03 September 2020

Kindly avoid riddles. Your query has already been answered.

Gaurav Sachan   03 September 2020

but I am not satisfied with the answers as it lacks clarity.

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