Agricultural land purchase and registration.section 79a of karnataka land reforms act
sharan
(Querist) 28 September 2013
This query is : Resolved
Question:- In whose name to register that property so that there is no violation of KLR ACT section 79-A?
Problem Situation:-
1.Rama aged 23 and working in a private firm from past 1.5 years only. Rama am an income tax payer for the financial year 2012-13. Rama's current salary is around Rs.4 lakhs per year.
2.Rama had inherited agricultural land(also RTC ) in his name in Karnataka from more than past 5 years.
3. Rama parental non-agricultural income exceeds above 2 lakhs and hence income tax payers.
4. Rama'a Grand mother is pure agriculturist living independently in a village and owning few acres of agricultural lands and agriculture is the only source of income for her.
My questions are?
1. Can Rama legally purchase and register that property in his name?
2. Or shall Rama register that property in his grand mother's name? And Rama will take gift deed or Will from her? Which is better registered Will or gift Deed registered?
3. Or joint registration of property-i.e. Rama and his grand mother together purchasing the property?
My Claims:-
From 79-A
"(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."
For the current purchase of Agricultural land Rama had saved money earned from past 3.5 years of farming in his village with his grand mother's help and 1.5 years from his salary. And he has have no financial support from his parents.
Kindly please provide correct legal opinion from your experience in handling agricultural property.
arunprakaash.m.
(Expert) 16 October 2013
Grandmother can purchase agricultual land from taking loan from Rama. Otherwise Rama can get proper prior permission from the Assistant commissioner of the region under Section 80 of the KLR. All other modes mentioned in the querry is not valid in law.
adv arunprakaash. mumbai
