• Eligibility to buy agricultural land in Karnataka

Dear Sir/Madam,
I am planning to buy agricultural land (around 3-5 acres) in Karnataka. I am not an agriculturist nor do I have any ancestors who have done agriculture. We do not own any agricultural land. 

I have read that Karnataka land reforms act allows non agriculturists to buy agri land if the income is below 25 Lacs per annum. However, I do not come under that clause as well. I also came to know one can still buy the land if the District Commissioner uses his discretionary powers to approve the buy. May I know under what circumstances this can be exercised? What criteria does the DC look for for such approval? Please let me know.
Asked 7 years ago in Property Law
Religion: Hindu

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9 Answers

the amendment empowers deputy commissioners of districts, instead of assistant commissioners, to grant permission for non-agriculturists to purchase agricultural land under Section 80 of the Karnataka land reforms Act.

However there are restrictions in the form of permissions granted for persons taking agriculture bonafidely on conditions such as

(i) that the transferee shall take up agriculture within one year from the date of acquisition of land, and

(ii) that if the transferee gives up agriculture within five years, the land shall vest in the State Government subject to payment to him of an amount equal to eight times the net annual income of the land or where the land has been purchased, the price paid for the land, if such price is less than eight times the net annual income of the land.

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

local lawyer can guide as to documents to be produced before Dc to grant permission

It has been held in the case of Nigappa Durgappa Vs Hanumathappa

Balappa and Another (1982 (1) Kar.L.J.419.. AIR 1982 NOC 294) that

Section 80 of the Act does not prohibit an agreement of sale between the

landowner and a non agriculturist. What it prohibits is a non agriculturist of

the categories specified in that section purchasing an agricultural land. But he

too can purchase after obtaining necessary permission as provided in the

proviso. Hence, the agreement cannot be construed as one opposed to public

policy or contrary to law.

Besides, there is no provision in the Act for a reference of such an issue either

to the Assistant Commissioner or to any other authority

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

The section 80 mentions that the Deputy commissioner if deem fit that person who has bona fide intend taking up agriculture to acquire land on

such conditions as may be prescribed in addition to the following conditions,

namely:—

(i) that the transferee takes up agriculture within one year from the

date of acquisition of land, and

(ii) that if the transferee gives up agriculture within five years, the land

shall vest in the State Government subject to payment to him of an amount

equal to eight times the net annual income of the land or where the land has

been purchased, the price paid for the land, if such price is less than eight

times the net annual income of the land.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Sir submit your income proof and proposal for carrying out agriculture with the Deputy commissioner he shall further help, and you can hire local advocate to complete documentation.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Sir, 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. All the best.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

1. You shall,have to be an agriculturist and your yearly earning from non agricultural resourse should not be more then Rs. 2 laklhs.

2. If you do not fulfill the above two basic criteria, you are ineligible to buy an agricultural land in Karnataka..

3. For slight unavoiudable deviation from the above criteria, permission from the collector can be sought.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. Agricultural land to a non agriculturist will not be permitted by the DC under any circumstances.

2. For slight deviation like one year's income in last 3 years over shot the income from non agricultural resources which is within the limit in average, can be permitted/waived by the DC but he can not permit a non agriculturist to buy agricultural land against the basic tenet of the Act.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

The relevent rule position on acquisition of Land in Karnataka is as follows.

"Section 79-B. 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>

(i) an educational, religious or charitable>

(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 cooperative society;-"

you can buy land if you are non-farmer with the permission of Assistant commissioner and you have to use it only for agriculture purpose and should cultivate the land within one year of purchase. You have to get the permission before hand else section 79 A and B will be used against you

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Can you please give details on what documents/proof I need to produce to DC to grant permission. Also is the success rate high for such scenarios? I really do want to take up agriculture and the lands I have seen so far is already cultivated and I need to do the maintenance going forward, which I think I can do a good job and improve upon

You can take the help of a local consultant or an advocate who has knowledge on the subject and will be able to guide you properly on all such issues because the process is lengthy and they cannot be elaborated here.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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