• Can Jirayat land be purchased for construction of house

I am looking for a plot to construct a house in Baner, Pune.
I got some offers of plot but in the 7/12 of these plot type of land "JIRAYAT (जिरायत) in mentioned.

I want to know whether this land bu purchased for construction of house by a non-farmer ?
and
Seller can sell a portion (4 guntha) of jirayat land to buyer ?
Asked 4 years ago in Property Law
Religion: Hindu

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6 Answers

1) K. Gupte on “Maharashtra Land Revenue Code, 1966”,  Certain classification has been given in this commentary, as per which “Jirayat or Jirait” means ‘land appropriated to or fit for agriculture’. The term “Jirayat” has been defined on page 20 of the commentary to mean dry crop land, which means “the cultivation mainly depends upon annual rainfall”

 

2)

Non-agriculturist can now acquire agricultural land for non-agricultural purpose (residential/commercial/industrial), if such land falls under any of the five exceptions to Section 63 of the MTAL.

 

 

 

3) seller can sell agricultural land to non farmer as it is situated in Baner Pune .

The following land can be purchased by non agriculturist

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

 

4) for carrying on construction need to convert land to NA 

 

 

Ajay Sethi
Advocate, Mumbai
97422 Answers
7872 Consultations

Yes, you can purchase the Jirayat land, only you need to check whether last 10 years one crops has been cultivated on that land or not.

 

Plus you need to take collector NA permission and check all neighbours land details as well.

Ganesh Kadam
Advocate, Pune
12997 Answers
264 Consultations

There are three restriction on purchase of such land…

  1. Agricultural land can not be transferred to a farmer.
  2. As the land is agricultural you have to get it converted to non-agricultural which is very difficult.
  3. Under Gunthewari Act, you cannot purchase of such a small piece of land and regularize it.

You are advised against purchasing the land

Ravi Shinde
Advocate, Hyderabad
4358 Answers
42 Consultations

Dear Sir/Ma'am,

Jirayat land is the land where cultivation depends upon annual rainfall. The jirayat land is used for seasonal crops, kharif, and rabi. The agricultural sessions of kharif crops start from June and agricultural sessions of rabi crops are start in September-October. 

According to the amendment in section 63 of the Maharashtra Tenancy and Agricultural Land Act, 1948 (MTAL), non-agriculturists were also allowed to buy the agricultural land in Maharashtra which means that you can also buy the Jirayat land in Pune. But before the construction of a plot on the said land, it must be converted to be used for Non-agricultural purposes. 

As per the Maharashtra Land Revenue Code rules,  before carrying out any development on the agricultural land, you need to apply to the collector for the permission to convert the use of agricultural land into the non-agricultural purpose or to change the use of land from one non-agricultural purpose to another non-agricultural purpose. 

Thank You

 

Anik Miu
Advocate, Bangalore
10355 Answers
121 Consultations

The term “Jirayat” has been defined to mean dry crop land, which means “the cultivation mainly depends upon annual rainfall”. Even otherwise, a Jirayat land is used for seasonal crops like Khariff and Rabi, where cultivation depends upon annual rainfall.

Since it is basically agricultural land, you will  not be eligible to construct a house over the said jirayat land without getting it  NA converted by an approval of the competent authority. 

usually, a large number of upwardly mobile professionals, with a fairly robust disposable income, wish to buy such land at throwaway prices and construct farmhouses or get it converted into non-agricultural land.

In Maharashtra, only agriculturists can purchase agricultural land. If either of a person's parents or grandparents are agriculturists, then such a person is also entitled to the purchase. If a person holds agricultural land anywhere anywhere else in India, he can still be deemed an agriculturist in Maharashtra. 



 

T Kalaiselvan
Advocate, Vellore
87618 Answers
2352 Consultations

- Jirayat land is the land where cultivation is depends upon annual rainfall.

- Further, the jirayat land is used for seasonal crops, kharif and rabi.

- However , now with the amendment in the Maharashtra Tenancy and Agricultural Land Act, even a non-agriculturists can also purchase Jirayat land in Pune , after getting permission from the Collector. 

-Further , without converting into N.A , you cannot construct a house  on this land. 

Mohammed Shahzad
Advocate, Delhi
14727 Answers
224 Consultations

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