Regarding 84 c kalam and agriculturist certificate
Amit Joshi
(Querist) 07 May 2020
This query is : Resolved
My father had bought land in Pune in 1987 and 7-12 of the land has Ku.Ka. 84 Kas Patra remark on it. In 2017, we sold same land to other person. Now he is asking for our Agriculturist Certificate to transfer 7-12 on his name but we do not have any agriculturist certificate as nobody from our has any farmland.
Can i get Agriculturist Certificate if my wife has agriculture land on her name.
Please advice. Thank you.
Raj Kumar Makkad
(Expert) 08 May 2020
If you are seller and your name was being reflected in 7/12 extracts, what more certificate is required to show you as an agriculturist? 7/12 extract itself is a certificate.
Even then if the buyer requires specific certificate then you need to apply to Tehsildar of your area. Move an application annexing the copy of 7/12 extract to tehsildar who after getting enquiries through Lekhpal/Patwari/local revenue officer, shall issue certificate as desired.
P. Venu
(Expert) 08 May 2020
What is 84 c kalam?
Guest
(Expert) 08 May 2020
Bombay Tenancy and Agriculture Lands ( Gujarat Amendments) Act -1960.." -- Where in receipt of transfer of agriculture land made after the commencing of Amending Act ---1965-- (-- 84 C Kalam ) Mamlatdar duo motu or on the application of any person interested in such land has reason to believe that such transfer or acquisition of such land becomes invalid under the provision of this Act.. (mamlatdar --meaning --- Officer in charge of a Taluk )Discussing with Pune based Civil Side Senior Advocate would be the best for you.
Rajendra K Goyal
(Expert) 08 May 2020
Since the required Agriculture certificate is not available, it is better to take help of local lawyer in context of local laws.
T. Kalaiselvan, Advocate
(Expert) 08 May 2020
The buyer cannot buy the agricultural land if he was not an agriculturist .
If he has a certificate to that effect then he can very well get the property mutated to his name on the basis of the 7/12 which has your name in it already.
In Maharashtra, only agriculturists can purchase agricultural land. If either of a person's parents or grandparents are agriculturists, then such a person is also entitled to the purchase.
Your wife's certificate cannot make you entitled to claim the agriculturist status.
Dr J C Vashista
(Expert) 09 May 2020
There is no right of your wife in the land purchased by your father, accordingly she can not get the agriculturist certificate qua subject land.
The land can not be sold by you or your family as it has not been transferred (legally) in the name of vendee (your father).
Rajendra K Goyal
(Expert) 09 May 2020
The 7/12 extract, traditionally called as “Saath Baara Utara” (in Marathi language), is an extract from the land register of any district, maintained by the revenue department of the government in the state of Maharashtra.
Form 7 is the record for details of the owner and his rights over the said property. This includes details like payment of tax, disputes, loans on the land if any, etc
The other Form 12 is the record of agricultural aspects of the land, including crops grown, if cultivated by a person other than the owner, etc.
The information that you get when you apply for an extract is a combination of both the forms mentioned above (7 & 12), hence the name Satbara Utara.
Section 84 C of Maharashtra Tenancy and Agricultural Lands Act, 1948
84C. Disposal of land, transfer or acquisition of which is invalid. - (1) Where in respect of the transfer or acquisition of any land made on or after the commencement of the Amending Act, 1955, the Mamlatdar suo mote or on the application of any person interested in such land has reason to believe that such transfer or acquisition is or becomes invalid under any of the provisions of this Act, the Mamlatdar shall issue a notice and hold an inquiry as provided for in section 84B and decide whether the transfer or acquisition is or is not invalid.
(2) If after holding such inquiry, the Mamlatdar comes to a conclusion, that the transfer or acquisition of land is invalid, he shall make an order declaring the transfer or acquisition to be invalid:
[Provided that, where the transfer of land was made by the landlord to the tenant of the land and the area of the land so transferred together with the area of other land, if any, cultivated personally by the tenant did not exceed the ceiling area, the Mamlatdar shall not declare such transfer to be invalid-
(i) if the amount received by the landlord as the price of the land is equal to or less than the reasonable price determined under section 63A and the transferee pays to the State Government a penalty of one rupee within such period not exceeding three months as the Mamlatdar may fix.
(ii) if the amount received by the landlord as the price of the land is in excess of the reasonable price determined under section 53A and the transferor as well as the transferee pays to the State Government each a penalty equal to one-tenth of the reasonable price within such period as the Mamlatdar may fix.]
(3) On the declaration made by the Mamlatdar under sub-section (2),-
(a) the land shall be deemed to vest in the State Government, free from all encumbrances lawfully subsisting thereon on the date of such vesting, and shall be disposed of in the manner provided in sub-section (4); the encumbrances shall be paid out of the occupancy price in the manner provided in section 32Q for the payment of encumbrances out of the purchase price of the sale of and but the right of the holder of such encumbrances to proceed against the person liable, for the enforcement of his right in any other manner, shall not be affected;
(b) the amount which was received by the transferor as the price of the land shall be deemed to have been forfeited to the State Government and it shall be recoverable as an area of land revenue; and
(c) the Mamlatdar shall, in accordance with the provisions of section 63A determine the reasonable price of the land.
(4) After determining the reasonable price, the Mamlatdar shall grant the land on new and impartible tenure and on payment of occupancy price equal to the reasonable price determined under sub-section (3) in the prescribed manner in the following order or priority :-
(i) the tenant in actual possession of the land;
(ii) the persons or bodies in the order given in the priority list:
[ [Provided that, where the transfer of land was made by the landlord to the tenant of the land and the area of the land so transferred together with the area of the land, if any, cultivated personally by the tenant did not exceed the ceiling area then]-
(i) [if the amount] received by the transferor as the price of the land is equal to or less than the reasonable price, the amount forfeited under sub-section (3) shall be returned to the transferor and the land restored to the transferee on payment of a penalty of rupee one in each case; and
(ii) [if the amount] received by the transferor as the price of the land is in excess of the reasonable price, the Mamlatdar shall grant the land to the transferee on new and impartiable tenure and on payment of occupancy price equal to one-tenth of the reasonable price and out of the amount forfeited under sub-section (3), the transferor shall be paid back an amount equal to nine-tenths of the reasonable price].
(5) The amount of the occupancy price realised under sub-section (4) shall, subject to the payment as aforesaid of any encumbrances subsisting on the land, be credited to the State Government:
Provided that where the acquisition of any excess land was on account of a gift or bequest, the amount of the occupancy price realised under sub-section (4) in respect of such land shall, subject to the payment of any encumbrances subsisting thereon, be paid to the donee or legatee in whose possession the land had passed on account of such acquisition.
Explanation. - For the purpose of this section "new and impartible tenure" means the tenure of occupancy which is non-transferable and non-partible without the previous sanction of the Collector.
Civil court cannot be approached u/s 85 against such orders, Tribunal has Jurisdiction.
Repeat consult local lawyer immediately.
P. Venu
(Expert) 09 May 2020
When was the entry pertaining to 84C made? Please obtain a copy of the mutation along with the connected orders.
