buying of agricultural land in karnataka- Section 79B 1(b)(iii) of Karnataka Land reforms Act 1961
ravi
(Querist) 02 December 2010
This query is : Resolved
Sir,
I am planning to buy a agricultural property from the people who are joint owners. Section 79B(1)(b)(iii) of Karnataka Land Reforms Act 1961 stipulates that it is unlawful to hold land by an association or body of individuals not being a joint family. This agriculatural land is jointly owned by friends and not by Joint family. Therefore technically under Karnataka Land Reforms Act, it is illegal possession by them.
If I buy a agricultural land from them, will it create a problem for me? Is there any court ruling over ruling the above section?
Is there any way out to resolve the technicality of Section 79B(1)(b)(iii) of Karnataka Land reforms Act 1961?
Regards
Ravi P
M V Gupta
(Expert) 04 December 2010
You have not given the full text of the Sction 79B. Based on what u have extracted from Section 79B(1)(b)(iii), it appears what is prohibited by the section is holding of the agri property by a group of individuals. Acquisition of the property jointly by more than one individual does not appear prohibited under the above sub section. It should however be verified whether the other subsections or any other section of the Act prohibit such joint acquisition. If u find that there is no such prohibition against joint acquisition, the present holders should partition the property amongst themselves by executing and registering a partition deed to regularise their holding. Thereafter it should be in order for u to buy the property from them seperately under seperate sale deeds. However better to double check the above by consulting a local Advocate.
