• Farmland in Mandya Karnataka

I am an NRI staying in US and will continue to stay but want to purchase farm land 5 acre in Mandya. I know recent bills were staying anyone can purchase farm land! Is that effective already ? If not what are my options to own such farm land. I have no ancestoral agriculture property and do not belong to farmer family.

Further if is it possible for my wife to purchase who stay in india and is a homemaker or her mother ?
Asked 4 years ago in Property Law
Religion: Hindu

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7 Answers

- As per FEMA21/2000 RBI rules , an NRI or PIO cannot acquire agricultural land /farm house/plantation property in India.

- If you will purchase an agriculture land in Katakana , then it will be a violation of FEMA laws , that can result in a penalty or even confutation of that property.

- Further, to purchase an agricultural property in India, an NRI has to take a prior approval from Reserve Bank of India, But you can acquire this property only by way of inheritance.

- Being an NRI , you are only allowed to purchase residential or commercial property in India.

- Yes, you can use money to purchase property in the name of your wife.

Mohammed Shahzad
Advocate, Delhi
14651 Answers
224 Consultations

Dear sir,

Even those from an agricultural background could not purchase farm land if their annual non-agricultural income exceeded Rs 25 lakh. Also, only educational, religious institutions, companies, cooperative societies among other exceptions could purchase agricultural land.

Non-agriculturists could not purchase agricultural property. Even those from an agricultural background could not purchase farm land if their annual non-agricultural income exceeded Rs 25 lakh. Also, only educational, religious institutions, companies cooperative societies among other exceptions could purchase agricultural land. 

Anik Miu
Advocate, Bangalore
10292 Answers
121 Consultations

Since you are NRI you cannot purchase agricultural land in India 

 

2) your wife can purchase agricultural land with prior permission of DC 

 

3) 

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
97262 Answers
7856 Consultations

Being a NRI you are not eligible to purchase agricultural land or farm land in India.

Since your wife or mother, both of whom are  resident in India they can buy agricultural land in Karnataka even though they do not have agricultural background, regardless of the buyer's annual income from non-agricultural sources.

T Kalaiselvan
Advocate, Vellore
87463 Answers
2348 Consultations

Hi, The Karnataka Land Reforms Act has amended. Now you can purchase the agricultural land. There is no need that should be an Agriculturist while purchasing the Agricultural land.

Pradeep Bharathipura
Advocate, Bangalore
5617 Answers
338 Consultations

Yes you can purchase the same now

Prashant Nayak
Advocate, Mumbai
32693 Answers
208 Consultations

Dear Sir,

You may buy the property on the name of your wife. 

Ganesh Singh
Advocate, New Delhi
6769 Answers
16 Consultations

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