AGRICULTURAL LAND (PURCHASE & RESTRICTIONS) IN VARIOUS STATES IN INDIA INCLUDING PROCEDURES FOR CONVERSION AND RESTRICTIONS FOR PURCHASE OF CERTAIN KIND OF LAND IN FEW STATES

Various States in India follow different procedures with respect to Purchase of Agricultural land. In some States in India, only an Agricultarist can Purchase an Agricultural land but in certain other States, there is no restriction for Purchase of Agricultural land.

Non Resident Indians (NRI) and Persons of Indian Origin (POI)

All over India, NRI’s, PIO’s and Overseas Citizens of India can’t Purchase Agricultural land/Plantation Property/Farm House. However they can inherit Agricultural lands.

Tamil Nadu

In Tamil Nadu, there is no restriction for Purchase of any Agricultural land. Anyone can Purchase an Agricultural land. However the maximum extent of land which can be Purchased is 59.95 Acres of land. In Tamil Nadu, an Agricultural land (dry land) can be converted into a Non agricultural land by the orders of the District Collector provided that no Agricultural activity had been carried out in the said land during the last 10 years prior to the date of conversion.

Karnataka

Only an agricultarist can purchase an agricultural land in the State of Karnataka. Non agricultarist cannot buy an agricultural land in the State of Karnataka. Non Agricultarist is a person whose income from any source exceeds Rs.2 lakhs/annum. However under Section 109 of Karnataka Land Revenue Act, 1964, Social or Industrial Organisation can Purchase an Agricultural land in the State of Karnataka with the previous permission of the Government of Karnataka.

Kerala

Like in Tamil Nadu, anyone can Purchase an Agricultural land in the State of Kerala. The maximum Ceiling limit of land area as per Kerala land reforms Act, 1963 is as follows (It is also applicable for Agricultural land)

a     a)     In case of an adult unmarried person or a family consisting of a sole surviving member, five standard              acres and that however the ceiling area shall not be less than six and more than seven and half acres in            extent

       b)  In the case of a family consisting of two or more but no more than five members, ten standard acres               and that however the ceiling area shall not be less than twelve and more than fifteen acres in extent

       c) In the case of a family consisting of more than five members, ten standard acres increased by one                 standard acre for each member in excess of five and that however the ceiling area shall not be less than          twelve and more than twenty acres in extent

      d) In the case of any other person, other than a joint family, ten standard acres and that however the ceiling        area shall not be less than twelve and more than fifteen acres in extent

Maharashtra

Only an Agricultarist can purchase an Agricultural land in the State of Maharashtra. However in case if a person holds an Agricultural land anywhere else in India, he can still be deemed an Agricultarist in the State of Maharashtra. The maximum ceiling limit on Purchase of Agricultural land in Maharashtra is 54 Acres.

Gujarat

Agricultural lands can’t be Purchased by a Non Agricultarist in the State of Gujarat. Earlier only Agricultarist in the State of Gujarat could Purchase an Agricultural land in the State of Gujarat but in 2012, the Gujarat High Court had ordered that any Agricultarist in India can Purchase an Agricultural land in Gujarat.

Madhya Pradesh and Rajasthan

In the States of Madhya Pradesh and Rajasthan, there are no restrictions for Purchase of Agricultural land. Earlier under Section 17 of the Imposition of Ceiling on Agricultural Holdings Act, 1973, there were certain ceiling limits on buying Agricultural land from the `Khatedars’ the State of Rajasthan and the provisions of this section were amended in the year 2010 wherein anyone can Purchase an Agricultural land in the State of Rajasthan now. However one has to apply for conversion within a year from acquisition and commence the proposed non agricultural use within 3 years from the date of conversion in Rajasthan.

Haryana

The State of Haryana had declared certain areas as Controlled areas and in case of Purchase of any Agricultural land in these Controlled areas for non Agricultural purposes, it requires obtaining Change of Land Use from the Government of Haryana. 

Himachal Pradesh

Only an agricultarist belonging to the State of Himachal Pradesh can purchase an agricultural land in the State of Himachal Pradesh. Outsiders can’t purchase Agricultural land in the State of Himachal Pradesh without obtaining the prior permission of the Government of Himachal Pradesh u/s 118 of HP Tenancy and Land Reforms Act. Also the maximum land ceiling limit in the State of Himachal Pradesh is 160 Bighas or 32 Acres

Uttar Pradesh

The maximum ceiling limit for Purchase of an Agricultural land in the State of Uttar Pradesh is 12.50 Acres.

West Bengal

Under the West Bengal Land Reforms Act, private ownership of agricultural land in the state is capped at 17.5 acres for irrigated areas and 24.5 acres for areas that are only rainfed; in urban areas, private ownership is capped at 7.5 cottahs or one-eighth of an acre. Only “tea gardens, mills,  workshops, livestock breeding firms, poultry farms, dairies and townships” are exempt from the restrictions of the land reforms Act.

     RESTRICTIONS ON SALE OF LAND ALLOTTED TO SC/ST BY GOVERNMENT

     In many States in India, land allotted by Government to a Schedule Caste/Schedule Tribe

     person can’t be sold without the previous permission of the respective State Government. It is

     advised to closely look into the Allotment clauses since certain states impose restrictions on

    subsequent transfer of such lands to a general caste person (other than SC/ST) and also there

    would be certain minimum number of years within which such lands allotted can’t be sold and

     it differs from State to State.

     SPECIAL RESTRICTIONS FOR TRANSFER OF LAND BELONGING TO A SC/ST

     IN THE STATES OF WEST BENGAL, ODISHA AND JHARKHAND

     West Bengal and Jharkhand

Previous Permission of the District Collector/Magistrate is required for Sale of land belonging to a  Schedule Caste/Schedule Tribe to a General Caste Person in the States of West Bengal and Jharkhand. However no such permission is required if a Schedule Caste Person Sells his land to another Schedule Caste  Person or if a Schedule Tribe Person sells his land to another Schedule Tribe Person.

Odisha

Previous Permission of the Sub Collector Cum Revenue Officer is required for Sale of land belonging to a Schedule Caste or a Schedule Tribe Person to a General Caste Person. This Permission is required even if a Schedule Caste Person sells land to a Schedule Tribe Person. However no such permission is required if a Schedule Caste Person Sells his land to another Schedule Caste Person. Moreover in Schedule Tribe Land Notified area, nobody can transfer the land belonging to a Schedule Tribe Person.

Shyam Sunder

Advocate, Chennai

09841136901

(Shyam Sunder - Author of Book titled `Property registration, land records and Building Approval Procedures followed in Various States in India- First of its kind Book being Published in India)

Book available in:

Flip Kart (Online)

Land Mark (in all major cities in India)

Chennai – Sitaraman & Co (044-28111516, 28117069), Higginbothams and Odessey

             Sri Vidya Devi Publishers (044-24936193/9841136901)

Coimbatore – Odessey (Brooksfield Mall)

Bangalore – MPP House (080 – 41136866, 22260706)

Hyderabad – Asia Law House (040 – 24742324)

Mumbai – Students Book Centre (Snow White Publishers – 022 – 22050510/22080668)

The Hindu – Habitat (Property Supplement) – 14^th Dec, 2013 - Book Review

http://www.thehindu.com/features/homes-and-gardens/q-and-a/a-guide-to-realty/article5455252.ece

Economic Times – 4^th Dec, 2013

Only a few states follow good property registration procedures: G Shyam Sunder
G Shyam Sunder, a Chennai-based advocate, points out to the benefits of standardising procedures.

click here to read the full article >>

This article can also be accessed if you copy and paste the entire address below into your web browser.
http://economictimes.indiatimes.com/markets/real-estate/news/only-a-few-states-follow-good-property-registration-procedures-g-shyam-sunder/articleshow/26851644.cms?intenttarget=no&mailtofriend=yes

Times of India – 1^st Dec, 2013

http://articles.timesofindia.indiatimes.com/2013-12-01/chennai/44618823_1_ec-states-and-union-territories-departments

The New Indian Express – 21^st Nov, 2013

http://newindianexpress.com/cities/chennai/A-one-point-reference-for-property-and-land-records/2013/11/21/article1901988.ece

Business Line – 23^rd Nov, 2013

http://www.thehindubusinessline.com/industry-and-economy/real-estate/watch-out-when-you-buy-property/article5379637.ece

Nanayam Vikadan – 15^th Dec, 2013 (leading Tamil Financial Weekly)

http://www.vikatan.com/new/article.php?module=magazine&aid=90315

http://nanayam.vikatan.com/index.php?aid=4337

Dinamalar – 19^th Nov, 2013, 19^th Dec, 2013 and 12^th Jan, 2014 http://www.dinamalar.com//district_detail.asp?id=852526&dtnew=11/19/2013

http://www.dinamalar.com/splpart_detail.asp?id=93&dtnew=12/19/2013

http://epaper.dinamalar.com/PUBLICATIONS/DM/DINAMALAR/2014/01/12/ArticleHtmls/12012014408018.shtml?Mode=1  (Book Review)