Agriculture Land - Buying in Karnataka

Farm Questions
1

Hi,

I just joined today, and I am in some urgent help from expert who can guide to buy Agri land in Karnataka. I am getting different opinions and suggestions from all over. AND yes, I am going through the topics that are posted in this forum one by one.

Any help is appreciated pls.

Thanks

2

Hi Sun,
Please elaborate what you want to achieve.

Only farmers can buy land in Karnataka. If you are a farmer, only then go ahead with buying a land. Else you will end up with all kinds of legal issues.

Regards,
AKS

3

Hi,
As far as I know, 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 section79 A and B will be used against you to make money. Hope this Helps.

4

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 co

operative society;-"

MANNE SN,
for Vasudha Green Farms,
vasudhagreenfarms@gmail.com,
09133498366.

5

Recently i contacted a lawyer to understand this - Criteria to buy agri land in Karnataka

The buyer must be a farmer (means the buyer must own a farm land) AND the non-agriculture income should not be more than two lakhs. Please see below the “explanation” that is used to decide whether the person has 2 lakhs or more non-agri income.

Explanation.—A person who or a family or a joint family which has been assessed to income tax under the Income Tax Act, 1961 (Central Act 43 of 1961) on an yearly total income of not less than rupees two lakhs for five consecutive years shall be deemed to have an average annual income of not less than rupees two lakhs from sources other than agricultural lands.

Refer to this link - dpal.kar.nic.in/10%20of%201962%20(E.pdf (see section 79A and 79B)

If the above criteria is not met, then the only option to get DC approval.

6

Hi Ganapathi,

Thanks for your response. Can the amended section # 109 of the Karnataka Land Reform Act, 1961 be applicable for the people who doesn’t fits the criteria of earlier section 79(a) and (b).

Regards,
Sam Agri

7

Dear forum Farmer friends, upto my knowledge, as gathered from reliable sources ,any agriculture land holding farmer family, holding land and doing agriculture in his land any where in india,and/or any agriculture family doing agriculture in leased lands from considerable time, ofcourse any where in india, and/or any agriculture labour doing agriculture crops works only,from considerable period, ofcourse any where in india are eligible to purchase lands in karnataka state,subject to other limits,like income limits.

Proper certficates evidence is required and should be convenced by the karnataka revenue authorities. Any farmer or agri land lease holder or any agri labour has to submit relevant certificates if they are from other states and if they are from karnataka state, relevant RTC, Mutations to be submitted.

Any how it is advised to purchase agri lands in karnataka, after taking a legal opinion in individual cases

g.p.rao, farmer

8

This is what I had to produce:

  1. Old RTC/pani/agriculture certificate issued in your name or your parent(s) name.
  2. If the old pani is in your parents name then get a family tree done and notorize.
  3. If the pani is in non-kannada language then get it translated by any govt translating agency.
  4. Income certificate from local panchayat/taluk office to show it is less than 2 lacs.
  5. Adress proof and ID proof.
  6. Akarband.

1, 5 and 6 are needed at the time of registration.
1 to 5 are needed at the time of khata transfer (when the documents arrive at local hobli RI/VA).

From my experience it all depends on the VA/RI. Talk to both of them before registration to avoid the head aches.

-Biju

9

Hi Biju,

Thanks for providing such a detailed note. Further, I had one clarification. Could you kindly clarify whether the definition of “Annual Income” under section 79(a) is your “Gross” or “Taxable” Income?.

Thanks & Regards,
Sam Agro

10

Think it is Taxable income.

11

Got confused here…the income is Total income. So it is going to be Gross income before any tax deductions like LIC etc…

If you are employed, you need to produce salary certificate to get income certificate done. Talk to your local nada kacheri office. Alternatively you can apply online too.

12

Dear sir, you are right. I enquired in taluk office and it is learnt that It is total Taxable income.

g.p.rao, farmer

13

FYI, The income limit has been raised to 25 lacs now. :slight_smile:

-Biju

14

Dear Biju Sir, it is a good news for farmers, about to purchase agri lands. I could not follow fy1.

With thanks for information, g.p.rao, farmer

15

Thanks Biju for your post. My Grand father was practicing Farming . But the land has been sold long before. Is it possible to get and from which office, I can get RTC/pani/agriculture certificate ?

Thanks in Advance.

Venki

16

If your grand father does not own any farm land now, you will not be able to buy new farm land on his name.