Property law
Kunal Vaidya
(Querist) 27 April 2013
This query is : Resolved
Respected Sir/Madam,
Plz guide me if a person is holding agricultural land residing in Maharashtra more than limit prescribed what will be stamp duty payable by him in order to transfer it to his family members engaged in agricultural activities. any legal formalities if required plz guide me for that also.
Waiting for reply.
Advocate M.Bhadra
(Expert) 27 April 2013
Maharashtra Agricultural land s Ceiling on Holding Act, 1961
The basic objective of fixation of ceiling on landholdings is to acquire land above a certain level from the present landholders for its distribution among the landless. It is primarily a redistributive measure based on the principle of socio-economic justice.
This act is restricting the size of holdings which a person or family can own. Acquisition of land in excess of the ceiling is prohibited. Land rendered surplus to the ceiling is taken over by the state and distributed among the weaker sections of the community.
Any person or family cannot hold land in excess of ceiling area fixed on 26th September1961. Person or family can not transfer surplus land until the land in excess of the ceiling area is determined under the act.(Section 8 ) A person possessing land in excess of ceiling area can not acquire land by transfer. (Section 9)
The land held by individual or the family of the Maharashtra State or the part of India is to be taken into consideration while calculating the ceiling area.
For fixing ceiling areas lands have been classified in five classes as detailed below
THE MAHARASHTRA AGRICULTURAL LANDS
(CEILING ON HOLDINGS) ACT, 1961
RESTRICTION OF TRANSFER SEC.8
.— ‘Where a person, or as the case may be, a family unit holds
land in excess of the ceiling area ‘on or after the commencement date, such person, or
as the case may be, any member of the family unit shall not, on and after that date,
transfer any land, until the land in excess of the ceiling area is determined under this Act
R.K Nanda
(Expert) 27 April 2013
no more to add.
prabhakar singh
(Expert) 28 April 2013
You can not transfer now unless excess is determined by the Act.
Shashikant V. Patil
(Expert) 29 April 2013
Experts are right in this regard. If the ceiling act violates, the land will not transfer but in turn they will receive notice from competent authority to seize the excess land of the individual or family.
Kunal Vaidya
(Querist) 13 May 2013
Thanks a lot for your guidance
