I need to know the procedure for selling /transferring the lease of a agricultural land, in Maharashtra India.
A relative of mine, had taken 1000 sq. ft. of agricultural land on lease for 999 years. This was according to the prevalant law that agricultural land cannot be sold to non agricultural person. So instead of sale deed there was a lease deed. A premium was paid to the land owner. The lease stated that the land should be used for residential purpose only. So a small house was built on the land with the permission of the loacl authority i.e. grampanchayat.
A few years later, this relative again took the adjoining piece of 500 sq.ft.agricultural land form the same owner for lease of 999 years, with the payment of premium . The trems of lease remained same. No construction was done on this newly acquired piece of land.
The relative stayed in the small house and paid the taxes till now. Now he wishes to dispose the entire land of 1500 sq. ft. alongwith the constructed house on 1000 sq. ft. So the obvious question are -
1) will it be
a) sale deed for the house
b) transfer of lease deed for the land
c) sale deed for both land and house
d) transfer of lease deed for both land and house
2) what are the documents required for this transaction from my relative's side?
3) is the NOC of original owner required for this sale /transfer? is there any consideration to be paid to the original owner in this transaction ?
4) is there a need to register this transaction and if so, who pays the stamp duty?