Purchase of agricultural land
Deepak Nair
(Querist) 08 December 2011
This query is : Resolved
Dear Experts, i request for your advise in the following.
Mr.A purchased an agricultural land admeasuring 5000 sq. feet (5 Gunthas) in a rural area of Thane Dist in Maharashtra. He paid the entire consideration and built a small house on the land and is living with his family.
But, till now he could not register the deed of conveyance as his lawyer said that since it cannot be registered as, a part of a bigger pece of agricultural land cannot be sold if the same is less than 10000 sq. ft. (10 Gunthas).
He is living in the house constructed on this land for more than 5 years now.
Further, he is not a farmer and does not have any record to show that his ancestors held an agricultural land in the past.
Please advise what will be the remedy available to Mr.A to register the said land in his name?
VENKATESH HEGDE
(Expert) 08 December 2011
As per section 17 of the the Registration Actany instruments which is movable /immovable property/ is more than the value of Rs 100 is compulsory registrable. If he is purchasing an admeasuring land by another & if it is not yet partitioned in his name he had not any right of title as a owner of that land. please advise your client & get it registered as per the Trans per of property act. & also As per my knowledge in BOMBAY TENANCY AND AGRICULTURAL LANDS ACT, 1948, According to section Section 43: Restrictions on transfer of land purchased or sold under Section 43 and also Section 63 :Transfer to non agriculturist barred -
No sale, gifts, exchange or lease of any land shall be valid in favour of person who is not an agriculturist. However collector may grant permission for transfer under the below mentioned conditions:
a)
Such a person bona fide requires the land for a non agricultural purposes; or
b)
The land is required for the benefit of an industrial or commercial undertaking or an educational or charitable institution; or
c)
Such land being mortgaged, mortgage has obtained from collector a certificate that he intends to take the profession of an agriculturist and agrees to cultivate the land personally; or
d)
The land is required by co-op society; or
e)
The land is required for cultivating it by a personally by a person, who, not being an agriculturist, intends to take to the profession of agriculture and to whom collector has given certificate that such person is intend to take to the profession of agriculture and is capable of cultivating land personally; or
f)
Such land is being sold in execution of decree of a civil court, or recovering arrear of land revenue.
in view of these situation as per the sub clause (e) of section 63 says : e)
The land is required for cultivating it by a personally by a person, who, not being an agriculturist, intends to take to the profession of agriculture and to whom collector has given certificate that such person is intend to take to the profession of agriculture and is capable of cultivating land personally; .....in this case your client can get the certificate through the district collector ....under section 63(e)...
Please consult a local lawyer & take other expert advise also... i am giving this opinion through research from the internet & based on the fact of the case.
Deepak Nair
(Querist) 08 December 2011
Dear Mr. Venkatesh,
Thanks a lot for your advise and also for taking so much effort.
Obviously i am waiting for views of other experts too.
