Buying agri land in karnataka

Hi,

Some of the members here seem to have bought agricultural land in Karnataka, please will you be able to shed some light on the land ownership laws in this state? as far as I am aware, if buying as an individual you need to be a domicile, a farmer and total annual income from all sources should not exceed 2 lakhs

regards,
Brijesh

Brijesh,

Karnataka Land Reforms (Amendment) Act, 1995, no person who or a family or a joint family which has an assured annual income of not less than rupees two lakhs from sources other than agricultural lands shall be entitled to acquire any land whether as land owner, landlord, tenant or mortgagee with possession or otherwise or partly in one capacity and partly in another.

the aggregate income of all the members of a family or a joint family from sources other than agricultural land shall be deemed to be income of the family or joint family, as the case may be, from such sources;

a person or a family or a joint family shall be deemed to have an assured annual income of not less than rupees two lakhs from sources other than agricultural land on any day if such person or family or joint family had an average annual income of not less than rupees two lakhs from such sources during a period of five consecutive years preceding such day.

Apart from all the rubbish above, you can only buy land in karnataka if you are a farmer with atleast 0.4 acres land registered in your name. This land could be anywhere in india.

Legally yes? so that means if I have agri land in my name in kerala, it will superseede all the above legal issues?

thanks
brijesh

I am not sure about this, don’t remember reading it anywhere in the KLR.

It also prohibits from having the ancestral property transferred to your name if your income (other than agri) exceeds 2L pa.  Not sure how many families will loose land to government if this is really enforced.

Sorry confusion. Under existing Karnataka Land Reforms Act, a person who is not a agriculturist and if his income from non-agriculture sources is more than Rs.2 lakhs incl family income, cannot purchase farm land. Now if you have minimum land holding as prescribed and if your non agriculture income is less than 2 lakhs PA then you can certainly buy land. When i checked last with local tahsildar i was told minimum land holding should be  0.36 acres. Of course you have to submit documents like pahani/khata etc etc

There is another way you can buy land if you are a non-agriculturist,  You can approach the Local Assistant commissioners office and seek special permission to buy farm land provided your income is less than 2 lakhs PA. However you have to grease palms and run around a lot to get this done.

Hi, I am presently working in IT industry, and willing to start with farming. While searching on various forums I came to know several people involved in non-agricultural activites who have bought agricultural land and are involved in dairy and other farming activties.

Can some learned member tell me the step by step legal process for an IT professional to buy agri land in karnataka.

Hi?
Unless  having agriculturist status, you cannot purchase agriculture land in Karnataka.
If you provide your profile including your ancestors whether they may holding agriculture lands & Agriculturist status, then it can be tried to know whether it may be possible to own land even in the name of other members of the family.

Here are the prerequisites to buy land in Karnataka.

  1. You or your parents or your grand parents have to have had land in 1973 (You have to prove it with RTC and the family tree).
  2. Your annual FAMILY income (Please note that this will include even your siblings’ and parents’ income unless you can prove that you do not have any financial relationship) from NON-AGRICULTURE (Income from agriculture can be anything, that does not matter) sources for the past five years does not cross 10L which you can equate to 2L/annum.

There are a lot of other details which cannot be explained by writing. If you need more details, you can call me on my cell 09742201385.

Regards,
Siddramesh Nara

Read somewhere that this is raised to 6L/annum recently. Not sure about the date of implementation.

It is ‘wish’ - you would have read in TOI last week. It is not yet implemented and hence no date!! It was a gimmick before GIM.

I would strongly recommend you NOT to buy agric land in Karnataka if you are not a farmer. The reason being there is a perpetual unrest and rebel by the farmers there that their land is being bought/taken over by Govt and other Pvt guys.

Even recently, the global investor forum organised by the govt of Karnataka had issues as many farmers bull dozed in the event and protested against this issue.

Best to look at TN, where such stupid regulations do not apply and land is also available at economic rates to kick start a gree field.

Hi, Thanks for the responses.

If I can get a farmer’s certificate from my native place, would I then be eligible to buy agri land in karnataka?

The 2 lacs per annum family income clause will be applicable even with the farmer’s certificate or will it be waived then?

Unfortunately, 2L limit holds even if you get farmer’s certificate. You can get it only thru inheritance and cannot buy.

Hi Narasv,

even if we inherit the 2lakh income limit still applies :slight_smile:

Govt’s intention is to keep the farmer always poor, they dont want any farmer getting rich :slight_smile: i mean if afarmers son becomes an engineer and  earns more than that 2 lakhs he has to declare to govt about his income status at the time of inheritance and then govt will declare those lands vest with Govt.

God only knows , how these land reforms are formulated.Probably even in communist china it may not be the case.

Thanks,
Sreeram

Sreeram,

2L limit does not allow during inheritance - only when you want to buy lands. So, you do not forfeit the land to Govt. You get to keep what you get in inheritance and pass it on to your next generation with land holding per person becoming smaller and smaller unfortunately.

Check this out, this is from KLR, doesn’t this say inheritance is also not allowed?.

79A. Acquisition of land by certain persons prohibited.—

(1) On and from the commencement of the the Karnataka Land Reforms (Amendment) Act, 1995, no person who or a family or a joint family which has an assured annual income of not less than rupees two lakhs from sources other than agricultural lands shall be entitled to acquire any land whether as land owner, landlord, tenant or mortgagee with possession or otherwise or partly in one capacity and partly in another.

(2) For purposes of sub-section (1)—

(i) the aggregate income of all the members of a family or a joint family from sources other than agricultural land shall be deemed to be income of the family or joint family, as the case may be, from such sources;

(ii) a person or a family or a joint family shall be deemed to have an assured annual income of not less than rupees two lakhs from sources other than agricultural land on any day if such person or family or joint family had an average annual income of not less than rupees two lakhs from such sources during a period of five consecutive years preceding such day.

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.

(3) Every acquisition of land otherwise than by way of inheritance or bequest in contravention of this section shall be null and void.

(4) Where a person acquires land in contravention of sub-section (1) or acquires it by bequest or inheritence he shall, within ninety days from the date of acquisition, furnish to the Tahsildar having jurisdiction over the Taluk where the land acquired or the greater part of it is situated a declaration containing the following particulars, namely:—

(i) particulars of all lands;

(ii) the average annual income of himself or the family;

(iii) such other particulars as may be prescribed.

(5) The Tahsildar shall, on receipt of the declaration under sub-section (4) and after such enquiry as  may be prescribed send a statement containing the prescribed particulars relating to such land to the Deputy Commissioner who shall, by notification, declare that with effect from such date as may be specified in the notification, such land shall stand transferred to and vest in the State Government without further assurance free from all encumbrances. From the date specified in such notification the Deputy Commissioner may take possession of such land in such manner as may be prescribed.

(6) For the land vesting in the State Government under sub-section (5), where the acquisition of the land was by bequest or inheritance, an amount as specified in section 72 shall be paid and where the acquisition was otherwise than by bequest or inheritance, no amount shall be paid.

Please see point 3. It says ‘Every acquisition of land otherwise than by way of inheritance or bequest in contravention of this section shall be null and void.’

[quote]]
Please see point 3. It says ‘Every acquisition of land otherwise than by way of inheritance or bequest in contravention of this section shall be null and void.’
[/quote]
True,  inheritance or bequest (gift deed) is not null or void. But, point 4,5 and 6 clarifies how the inherited or bequest land will be treated.

Once it is transferred to you, you need to let the Tahsildar know and then DC will notify and declare it to be Govt’s property. You will also be paid  compensation for it, based on guidance value.

Thanks Hegde saab for pointing full text :slight_smile:

And the compensation is not to exceed 2lakhs, highest per acre.

Any case its a forced charity:)

Thanks

Hi All,

I dont know which moron came with such rules. They are pathetic. Infact it is killing the farmers who want to sell.

Regards

Murali