My wife does service in Mumbai. My Father stays at Wardha Maharashtra and he has ancestral agricultural land on his name and he cultivates it. My Father in law is also a Farmer. I wanted to buy an agricultural land at Wardha on my wife's name. We both do not not own any agricultural land on our name as of today. As law states that " An agriculturalist only can own an agricultural land". Therefore we wanted to know, as my father is farmer and my father in law is also a farmer , if my wife becomes an agriculturist by law and if she can buy an agricultural land. I request you to clear our misconceptions and Also guide us if my wife is allowed to purchase agricultural land
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1. Yes you both husband and wife can buy agriculture land as you both are children of farmers.
Dear Client,
Definition of agriculturist is a person who cultivates land personally. but as per new amendment non agriculturist can buy following agriculture lands.
Land situated within the limits of a Municipal Corporation; or
Land situated within the limits of a Municipal Council; or
Land situated within the jurisdiction of Special Planning Authority; or
Land situated within the jurisdiction of New Town Development Authority; or
Any land allocated for residential, commercial, industrial or any other non-agricultural use as proposed in the draft/final Regional plan or Town Planning Scheme prepared under the Maharashtra Regional and Town Planning Act, 1966.
agriculturist” means a person who cultivates land personally;
if you can give documentary evidence to the registrar about your ancestors had belong to the farming community then you would buy.
your wife can purchase agricultural land if her father has agricultural land in his name
Your wife being a daughter of an agriculturist and also belonging to an agricultural family, she may be eligible for buying agricultural landed property.
You can purchase agricultural land on her name.
1. Thank you very much to you all for your positive reply. This is very good site and way of getting legal advice and that too very quickly. I was earlier told by many that my wife wouldn't be considered an agriculturist till she doesn't have another agricultural land on her name. I also referred various applicable acts but couldn't find any direct reference which states that sons and daughters of farmer are considered as agriculturist. Where we can find this? I will be very thankful to you if you answer the same. 2. Also will my father in law's farm's 7/12 certificate and my Father's farm's 7/12 is enough to prove that she is a farmer and marriage certificate to prove that before marriage and after marriage names to prove that she is also daughter of a Farmer because her surname got changed after marriage.
your father in law 7/12 certificate is sufficient to prove that she is daughter of farmer and marriage certificate would prove that she is married to you
to be on safer side your father in law can gift some agricultural land to his daughter and her name entered in revenue records .
See an Agriculturist is the person who cultivates the land personally or through some other person and engaged in agriculture.
In your case since father and father In law both has agriculture land you and your wife can be considered from agricultural family and based on same you can purchase the land.
Actual cultivation is must to become agriculturist. Even children not into active farming, are barred to inherit agriculture land and after marriage she dose not consider a family unit of her father ( minor unmarried daughters)
You can find the definition of agriculturist and family under section 2 of the Maharashtra Agricultural land Ceiling Act.
Yes land extract of Father In law land will do along with a affidavit for the name change along marriage certificate.
You don't have to look for any relevant law in this regard, just understand the law which provides her with inheritance rights, this will clear your doubts in this regard.
She can prove that she belongs to agricultural family and daughter of a farmer with the evidences in her possession.
Your wife can buy agricultural land as her father is an agriculturist as per law and has agricultural land in his name.
7/12 certificate as well as the title documents of your father in laws land would suffice to prove that your wife belong to an agriculturist family and can thus buy agriculturalland in her name
7/12 certificate as well as the title documents of your father in laws land would suffice to prove that your wife belong to an agriculturist family and can thus buy agriculturalland in her name
Only a farmer can buy land in Maharashtra. If you are a farmer you can buy. You cannot directly buy farm land without meeting some other requirements.According to the law of Maharashtra'Revenue act 1966' as anybody can not buy land unless he is farmer or his father or grandfather is farmer.
1) Yes, you can produce her father's identity as farmer and on that basis she is entitled to purchase agricultural land on her name.
2) Or second option you purchase land on your name and as a wife add her name later in the land 7/12.
1. agriculturist is a person who cultivates land personally [definition given in Maharashtra Tenancy and Agricultural Lands Act, 1948
2. if an agricultural land is to be sold to a person for non-agricultural purpose, then formerly the Collector's permission was required for the sale
3. later on by an amendment which came into effect from 1.1.16, the above restriction of taking prior approval of Collector was removed if the agricultural land is situated in specified territories like within Municipal Corporation or Municipal Council limits, etc
4. however the above restriction applied when an agricultural land was sought to be sold to a person for NA use. The restriction has been removed by an amendment but subject to certain conditions
5. in your case it is not that your wife desires to buy agricultural land for any NA use.
6. so there is no embargo against her from buying an agricultural land provided she buys such land within the ceiling limits given in the Maharashtra Agricultural lands (ceilings on holdings) act, 1961
7 your wife after purchase will then need to apply for a farmer's certificate (Bhoomi Praman Patra)
your wife can buy the same in Maharashtra no issue to buy an agricultural land. Even a non agriculturist having interest in agriculture and cultivation by filing an affidavit can do so.
