How to buy agricuture land from poa person

Dear Amit, 

                   First I will make clear , Land Laws are very vast subject and complicated which can not be answered in such manner ,or without looking in details and documents etc. One main reason is that when India got Independence from British there were 550+ princely state in India . Every state had its some or other policy regarding land , After merger all land laws they started merging in one other, They started abollition of various land tennure, they brought agriculture tennancy law, they brought land celling law , they brought further restricition that you can not purchase tribal land, additionally present situation is that we need to check Regional Town Planning where the land is alloted , whether CRZ or not , forest land or not, various in detail analysis to prevent loosing your financial investment and to make proper investment. So your query can not be ans. in such simple way. You need to choose plot and then go for rigourous study of that title of land in detail systematically. So chances are that you won't be in trouble in future.

You said you are purchasing agriculture land, In Maharashtra non agriculture can not purchase agriculture land as per law there is restricition.

Maharashtra Tenancy and Agriculture land act 1948  no person can purchase agricultural land in Maharashtra if he is not a farmer.

Famous example who purchased agriculture land and latter had to give it or surrender free of cost was Amitab Bachan. So if you are not farmer don't investment in agriculture land. 

But there is one solution or idea still if you want to purchase that land subject to other conditions mentioned above. Tell that person to make some deed that you has taken money from you for his personal need as loan. Tell him or you make the land Non - Agriculture. Once he /you succeed in making Non Agriculture land then you may think of purchasing it. You can make Memorendum of uderstanding with him but it does not have any legal sanction in court , that once it is NA land you will purchase it at specific price. 

So this thing require legal expert  while dealing, who is ready to take care of your own legal  interest than other side . 

If interested will enjoy studying about that lands title if you are interested to share :) Do get in touch with me personally 

 

Hello Sir,

Thank you for guidence.

I have two questions.

My uncle is the farmer.

1) Can I get farmer certificate..? If yes what i'll do?

2) If i purchase a agri land on my uncle's name and then transfer it to my name is that possible?

Thanks,

Amit

Second question - If you see forum here 90% is full of family dispute regarding property , you will find many who says my father purchased land on brother name etc etc and then their legal heirs vs ourself . So in my opinion NO , don't purchase land on uncle name , it will be risky .

Subject to you are only his legal heir and he does not have any other legal heir as per Hindu Succession act (I Suppose you are hindu from name) 

Transfering to your name will always require you to be farmer. So in such case unless you have valid documents to prove you are farmer as well as you should able to show your self farmer in front of authorities then it is ok

I have come across one funny case where modern women presented herself as farmer because her husband had taken farming land and he was doing service and she presented as farmer . Authorities denied stating you look heroine , not farmer :P 

Regarding land it remains for decades and some time centuries so better do properly . I have across cases where grand children and children regretted that their grand father did not do proper property transaction and title is not clear , they don't have possession etc.

As far as possible I will recommend regarding land , don't break law but get yourself fit in law. 

Hello Madhu,

Thank you very much for such a helpful reply.

You given a example in first reply, but no one can do that.

Is any other idea or way to to purchase agri land.

Whether you have any land where on 7 /12 extract you are shown agriculture ? 

We have agri land in my father's name with all documents with 7/12.

Then it is easy , you show that you are Hindu Mitakshara Undivided family , Father is Karta  you co-opernaer  and hence you want to take your own agriculure land to do farming. As your ownr private property . 

Now question will be regarding title of land , that will be required thorough document analysis 

Ok, As you said "Hindu Mitakshara Undivided family , Father is Karta  you co-opernaer  and hence I want to take your own agriculure land to do farming. As your ownr private property" 

Is any document required to be made like afidavite or any other document for show to I want to take your own agriculure land to do farming.

Go to Govt. Maharashtra website , Apple sarkar . Click on Your services our guarantee , click on it there you will find Reveneu . Here you first apply for Agriculturist certificate. Now to get agriculturist certificate you get details from this website if online try online or go to thesil office/circle office in your area. and get Agriculturist certificate . Once you get then next step is possible 

Propoerty owner give power of attorny to his brother, is any problam after to purachasing land from brother.

I will tell you which is going on in market . People sell land , property then some one from family get up with protest telling they are HUF and co-oparnar and their rights are suppressed .And then it has some legal standing too and eventually it reaches court. Many time since anchestor property they also win.

In your interest all family members includings daughters everyone have to sign . so you need to check family tree of the seller specally till 1950 min. After checking family tree till 1950 try to find out how many girls women etc. are there (people generally don't tell but they rise up if money is more) 

Second thing POA transaction takes place but you need to read POA , whether it is properly stamped and registred . That is if stamp is less it is not admissible in court of law. 

And curious thing why brother not coming to sign . Land property transaction is not done every day so let him come to registration office. 

Additionally i came across cases of fake POA also so that too you need to check properly 


 

Hello Madhu,

I am very thankful for your guidence.

I first apply to Agri certificate, then i'll go further procedure.

Regards,

Amit