Being agricultural land it's out of the purview of sarfesi Act. It can't sell it.
Being land allotted to SC there may be restrictions for selling and leasing need to see the scheme regulations under which the same was allotted
Can a person sell/exchange/mortgage his land, received under section 49 of W.B. land reforms Act
A person(belonging to scheduled caste) received an agricultural land from Government of W.B. under section 49 West Bengal Land reforms Act in the year of 1974. This agricultural land perhaps were acquired from another person (“RAYAT”) under land ceiling act in the past . Latter it was settled to this person as he had no land used for the purpose of agriculture at that time. “Patta ” (Declaration of “ RAYAT” ) was given by Sub-Divisional land reform officer on Behalf of Governor of West Bengal in year of 1978. To this person Record of Right (ROR) was also prepared in favour of the person under section 49 of THE WEST BENGAL LAND REFORMS ACT, 1955. As the land was settled under section 49 West Bengal Land reforms act ,1955, the land has many restriction to sale or transfer. I have the below questions in this regard: 1) Now is there any procedure to exchange this land with another farmer for convenience of farming ? 2) Under section 49 , according to sub-section (1A) states that-" No person with who any land is or has been settled under sub-section (1) shall be entitled to transfer such land except by way of a simple mortgage or a mortgage by deposit of title deeds in favour of a Scheduled Bank, or a Co-operative Society or a Corporation owned or controlled by the Central or State Government or both, and for the purpose of obtaining loan for the development of land or for the improvement of agricultural production or for the construction of a dwelling house." Does the above statement mean that the person(“RAYAT”) can mortgage this land to any scheduled bank ? 3)If answer of my previous question is YES and after taking mortgage loan ,if the person(“RAYAT”) fails to repay the loan amount , Can bank sell the land to any person under SARFAESI Act? 4)Can the person(“RAYAT”) give 99 years lease of this agricultural land to any other person ?
Asked 6 years ago in Property Law
Religion: Hindu
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11 Answers
1) exchange of land is not permissible
2) he can mortgage the land to any scheduled bank for development of land
3) he cannot lease land for 99 years to any other person
1. A Rayati land in hich Patta is given is free form all types of encumbrances and the Rayat is free to deal with it in any manner whatsoever.
2. However in view of the section 49 of the Act he can not sell or exchange the land with another property but he is fit to obtain loan from the Scheduled bank by way if equitable or simple mortgage.
3. Since exchange or lease falls within the term ' transfer' of TP Act, he can not do so.
Hello,
- No you cannot.,
- Yes.,
- Yes.,
- No ad transfer means any kinds of transfer which includes lease , exchange etc.
Regards
1. You may go through the conditions mentioned in the patta for this facility.
2. Yes, the property can be mortgaged with a cooperative bank also for the purpose of development of land or for the purpose of agricultural income.
3. Agricultural land cannot be sold under the provisions of sarfaesi act.
4. No alienation of this kind may be permitted especially for the lands allotted to the person under this scheme, hence you may go through the conditions of the allotment once again before taking any step in haste.
Many lawyer has answered my question 2 as YES. That means this agricultural land can be mortgaged to co-operative bank or any schedule bank for development of the land . But at the the same time it is also opined by the lawyers that bank cannot apply SRARFAESI Act to recover the money if the RAYAT fails to replay the loan .my question is if bank cannot apply SRARFAESI ACT , how the mortgage loan will be given ? How will bank recover money in case of NON PAYMENT OF LOAN AMOUNT?
Asked 6 years ago
Recovery from agriculture land is permissible. Though sarfaesi act not applicable on agriculture properties but bank can file suit for recovery of loanand after obtaining decree they will file execution and execute it from proceed of agricultural land.
The bank will follow the procedural aspects and rules for granting loans as well as there are different rules for recovery of defaulted loan amount.
You can proceed with your proposal.
Without registered deed, exchange not valid and can be done between same community person not even lease deed.
SRARFAESI act dose not apply to land actually using for agriculture purpose.
No you cannot exchange the land recieved under section 49 of WB land reforms act.
Yes you can take loan over the land from cooperative bank or schedule land and it cannot be auctioned under SURFAESI act.
Agricultural lands are accepted as Security only for loans granted for Agricultural activities as per Priority Sector Advances norms. In some States like karnataka, prohibit mortgage of agricultural land for any other purposes other than agricultural purposes.
The bank will not give mortgage loan as they can't recover the Same under sarfesi