Sec 79a of karnataka land reforms act
Prathik
(Querist) 08 December 2015
This query is : Resolved
Sir, My aunt purchased a land which is now under litigation U/S 79A of Karnataka Land Reforms act. She bought an Agricultural land from her own earnings and for securing her future. The revenue department (Assistant Commissioner) here, sent a notice saying she has violated sec 79A of the Act. The officer while computing the income of her, he has clubbed her husband's income. Her individual average income for 5 Preceding Years is below Rs. 2lac, and when clubbed with her husband it exceeds Rs. 2lac. My doubt is when the land is purchased for securing her future life i.e. for her personal purpose and not for her family, is it valid to include her husband's income while determining the eligibility criteria for owning an agricultural Land because the legislature has included the word 'OR' in the provision of Sec 79A sub sec 2 clause (ii) of the Act in Between the word 'a person' and 'a family'. Kindly Help
P. Venu
(Expert) 09 December 2015
Has your aunt any independent income of her own?
Prathik
(Querist) 09 December 2015
Yes sir she has her own independent income. and with that income and savings in the past she has purchased the property.
Prathik
(Querist) 09 December 2015
sorry the doubt is not resolved. bymistake i changed the status
T. Kalaiselvan, Advocate
(Expert) 18 December 2015
Though the aunt is having her own independent income, she is not residing separately as an individual, she is living with a husband and family members in a family therefore the income of family has been properly defined, dont get confused on such petty issues. understand the law involved in this before coming to a conclusion about it.
