Legal Corner » Agricultural Land http://legalcorner.atoneplace.com Free Legal Discussion from atOnePlace.com Legal Experts on Indian Real Estate, Taxation, Repatriation, NRI Issues, Mortgage for Indian Properties Mon, 28 Nov 2011 08:44:27 +0000 en hourly 1 http://wordpress.org/?v=3.0.1 Can agricultural land in the green belt be converted for residential or commercial use? http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/agricultural-land-is-property-zoned-and-used-for-farming-including-the-raising-of-crops-and-livestock/can-agricultural-land-in-the-green-belt-be-converted-for-residential-or-commercial-use/?utm_source=rss&utm_medium=rss&utm_campaign=can-agricultural-land-in-the-green-belt-be-converted-for-residential-or-commercial-use http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/agricultural-land-is-property-zoned-and-used-for-farming-including-the-raising-of-crops-and-livestock/can-agricultural-land-in-the-green-belt-be-converted-for-residential-or-commercial-use/#comments Sat, 05 Nov 2011 06:48:50 +0000 atoneplace http://legalcorner.atoneplace.com/?p=1364 Question asked by Mr. Vinay from India:
Dear Mam, my family owns an agricultural land which is in the green belt, can we convert the land for any other use such as residential or commercial. Please advice.
Thanks
Vinay
Veena Answers:
We will be able to respond to this query only upon ascertaining the location of the property because each town has its own comprehensive development plan which normally classifies the zoning of each property situate within its jurisdiction and also determines the permissible usage.
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]]> http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/agricultural-land-is-property-zoned-and-used-for-farming-including-the-raising-of-crops-and-livestock/can-agricultural-land-in-the-green-belt-be-converted-for-residential-or-commercial-use/feed/ 0 What is the procedure for acquiring the appropriate documents related to a plot if there is no will made for it? http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/agricultural-land-is-property-zoned-and-used-for-farming-including-the-raising-of-crops-and-livestock/what-is-the-procedure-for-acquiring-the-appropriate-documents-related-to-a-plot-if-there-is-no-will-made-for-it/?utm_source=rss&utm_medium=rss&utm_campaign=what-is-the-procedure-for-acquiring-the-appropriate-documents-related-to-a-plot-if-there-is-no-will-made-for-it http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/agricultural-land-is-property-zoned-and-used-for-farming-including-the-raising-of-crops-and-livestock/what-is-the-procedure-for-acquiring-the-appropriate-documents-related-to-a-plot-if-there-is-no-will-made-for-it/#comments Mon, 03 Oct 2011 09:50:52 +0000 atoneplace http://legalcorner.atoneplace.com/?p=1330 Question asked by Mr. Thejus from Bangalore, India:
Hi , My name is Thejus and I have a friend who has a 4000 Sq ft land in a popular location in Bangalore. This plot was bought by his father from a rural landlord in the 1960’s. They have got a Mutual registration done after 12 yrs. The seller and the buyer have both expired now and my friend is in possession of the land which is vacant. There are about 6 other plots in the same layout which are vacant as well. My friend wants to sell this Land now and the only documents he has is the original sale deed agreement done in the 1960s and the latest encumbrance certificate which still says his father is the absolute owner of the land. We need to know what is the procedure for acquiring the appropriate documents.
Thanks
Thejus

Veena Answers:
We are of the view that the property of a male devolves upon his first class legal heirs namely spouse and children. In the event the property is still agricultural land, you need to go to the tahsildar and submit an application seeking mutation of khata in your name. Along with the said application, you need to submit a copy of the sale deed, death certificate of your father and no objection from your brothers and sisters if any and also your mother. In the event the property is situate within the limits of the Municipal Authority namely the Bruhat Bangalore Mahanagara Palike, then betterment charges need to be paid and a khata needs to be obtained in the name of your friend. Upon obtaining khata, he also needs to pay up to date taxes. Thereafter, the property can be conveyed to any third party.
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]]> http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/agricultural-land-is-property-zoned-and-used-for-farming-including-the-raising-of-crops-and-livestock/what-is-the-procedure-for-acquiring-the-appropriate-documents-related-to-a-plot-if-there-is-no-will-made-for-it/feed/ 0 Can one buy an agricultural land in his wife’s name? http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/agricultural-land-is-property-zoned-and-used-for-farming-including-the-raising-of-crops-and-livestock/can-one-buy-an-agricultural-land-in-his-wifes-name/?utm_source=rss&utm_medium=rss&utm_campaign=can-one-buy-an-agricultural-land-in-his-wifes-name http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/agricultural-land-is-property-zoned-and-used-for-farming-including-the-raising-of-crops-and-livestock/can-one-buy-an-agricultural-land-in-his-wifes-name/#comments Fri, 30 Sep 2011 05:55:23 +0000 atoneplace http://legalcorner.atoneplace.com/?p=1302 Question asked by Mr. Abhishek from Bangalore, India:
Dear Mam, I’ve a question pertaining to the purchase of farm land and converting it to a farmhouse. Is it possible? Will I be able to sell it as a farmhouse later on – complete or in parts?
My father-in-law has farm land in his name in another state. Can I buy the agricultural land in my wife’s name? Alternatively, can I ask my father-in-law to buy it in his name, if there’s an issue of income criterion? If I buy it in my father-in-law’s name, can I or my wife inherit it as a part of his will? Please let me know if there’s a restriction on the total land that they could own. We all are resident Indians. Thanks in advance for your help.
Thanks
Abhishek

Veena Answers:
To express our views on this query, we need to understand in which part of India is the farm land situated. Regarding inheritance, your wife is the first class heir of your father in law and has rights over the same. But if your father in law executes a will and bequeaths the property in favor of any other children, but still allots some property in favor of your wife, your wife cannot inherit the same.
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]]> http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/agricultural-land-is-property-zoned-and-used-for-farming-including-the-raising-of-crops-and-livestock/can-one-buy-an-agricultural-land-in-his-wifes-name/feed/ 0 Can a NRI inherit agricultural property in India? http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/agricultural-land-is-property-zoned-and-used-for-farming-including-the-raising-of-crops-and-livestock/can-a-nri-inherit-agricultural-property-in-india/?utm_source=rss&utm_medium=rss&utm_campaign=can-a-nri-inherit-agricultural-property-in-india http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/agricultural-land-is-property-zoned-and-used-for-farming-including-the-raising-of-crops-and-livestock/can-a-nri-inherit-agricultural-property-in-india/#comments Tue, 03 May 2011 06:51:20 +0000 atoneplace http://legalcorner.atoneplace.com/?p=1255 Question asked by Ms. Lakshmi from USA:
My name is Lakshmi and I am a permanent resident of the US. My father has a small agricultural plot outside Bangalore near Magadi and I am unclear as to what the process is in inheriting such property. I read the RBI rules which state that NRI’s can’t inherit such property, is this true? I am looking to apply for US citizenship; will this further affect my status to inherit agricultural property in India?
Thanks
Lakshmi
Vatsala Answers:
Inheritance is not covered by the ban on NRI’s. It is an exception to the rule.
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]]> http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/agricultural-land-is-property-zoned-and-used-for-farming-including-the-raising-of-crops-and-livestock/can-a-nri-inherit-agricultural-property-in-india/feed/ 0 What is the process to convert agricultural land to non agricultural land? http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/agricultural-land-is-property-zoned-and-used-for-farming-including-the-raising-of-crops-and-livestock/what-is-the-process-to-convert-agricultural-land-to-non-agricultural-land/?utm_source=rss&utm_medium=rss&utm_campaign=what-is-the-process-to-convert-agricultural-land-to-non-agricultural-land http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/agricultural-land-is-property-zoned-and-used-for-farming-including-the-raising-of-crops-and-livestock/what-is-the-process-to-convert-agricultural-land-to-non-agricultural-land/#comments Fri, 04 Mar 2011 09:41:14 +0000 atoneplace http://legalcorner.atoneplace.com/?p=1227 Question asked by Mr. Arunachalam from India:
What rules I need to follow before converting the agricultural land to non agricultural land for promoting realty?
Thanks
Arunachalam
Vatsala Answers:
If the zonal use permits, you can apply for the same by filling up the form and annexing all required documents. In some states in India there is no need for conversion.
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]]> http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/agricultural-land-is-property-zoned-and-used-for-farming-including-the-raising-of-crops-and-livestock/what-is-the-process-to-convert-agricultural-land-to-non-agricultural-land/feed/ 2 Can one buy converted agricultural land for residential purpose? http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/agricultural-land-is-property-zoned-and-used-for-farming-including-the-raising-of-crops-and-livestock/can-one-buy-converted-agricultural-land-for-residential-purpose/?utm_source=rss&utm_medium=rss&utm_campaign=can-one-buy-converted-agricultural-land-for-residential-purpose http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/agricultural-land-is-property-zoned-and-used-for-farming-including-the-raising-of-crops-and-livestock/can-one-buy-converted-agricultural-land-for-residential-purpose/#comments Tue, 20 Jul 2010 11:58:24 +0000 atoneplace http://legalcorner.atoneplace.com/?p=1171 Question asked by Kashi from Bangalore, India:
Dear Sir/Madam, Hi, I am planning to buy a site in Bangalore and the one I am about to buy is a agricultural land. The land owner has converted that agricultural land to sites. But the main worry for me is that – this conversion its not approved by any authority. Can you please let me know whether i can buy such lands? Can you please also let me know after purchasing that land is there any procedure that i can get that approved for house construction?
Also can you please give me a checklist for the list of documents required to buy these revenue sites.
Thanks
Kashi
Vatsala Answers:
No, it will not be possible for you to register a site on unconverted land unless it comes within BBMP limits and is regularized by the Sakrama Scheme. Even if it is possible for you to somehow get it registered, you will find it difficult to procure bank loans. The house itself can be constructed with local Panchayat approval. The documents required for title scrutiny are R.T.C., parent deeds, Mutation certificate, layout plan, contracts between builder and land owner, relevant family tree, tax paid receipt, encumbrance certificate, etc. This is a general list and the requirements will vary from case to case.
Vatsala
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]]> http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/agricultural-land-is-property-zoned-and-used-for-farming-including-the-raising-of-crops-and-livestock/can-one-buy-converted-agricultural-land-for-residential-purpose/feed/ 0 Can a piece of land be converted to other zonal uses? http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/agricultural-land-is-property-zoned-and-used-for-farming-including-the-raising-of-crops-and-livestock/can-a-piece-of-land-be-converted-to-other-zonal-uses/?utm_source=rss&utm_medium=rss&utm_campaign=can-a-piece-of-land-be-converted-to-other-zonal-uses http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/agricultural-land-is-property-zoned-and-used-for-farming-including-the-raising-of-crops-and-livestock/can-a-piece-of-land-be-converted-to-other-zonal-uses/#comments Wed, 28 Oct 2009 08:30:59 +0000 atoneplace http://legalcorner.atoneplace.com/?p=1117 Question asked by Mr. Sreenivas from Bangalore, Karnataka:
Dear Sir/Madam,
I have few points would like your response and appreciate for the answers.
1. I have land near Bangalore, Hoskote Taluk (1.75 acres). Can I convert this land?
2. I have fenced the land and not growing anything for now; is it an offence not to grow anything?
3. The main land was divided into two and one portion is sold to me. Still there is separate survey number to this plot. Is it a problem? Or what I should do? I have been misled by many to different alternatives.
4. When should one pay the yearly fees for the land and where should I pay the taxes?
5. Will it be a problem if I am not able to cultivate anything and will anybody occupy this land if it’s not used?
Appreciate your response in advance
with many thanks & regards,
Sreenivas
Vatsala Answers:
1. The land can be converted subject to its present zonal use as defined in the CDP or the BMRDA master plan.
2. An agriculturist is defined as a person who cultivates the land personally, but it is not an offence not to grow any crops.
3. The can be two separate survey numbers, and there should not be any problem arising from it.
4. You should always guard against encroachments by fencing the property, putting a securing guard from a reputed agency or though known sources and keeping an eye on it now and then.
Vatsala
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]]> http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/agricultural-land-is-property-zoned-and-used-for-farming-including-the-raising-of-crops-and-livestock/can-a-piece-of-land-be-converted-to-other-zonal-uses/feed/ 3 Can a non-convertible agricultural land be bought if the seller has agreed to issue general power of attorney? http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/agricultural-land-is-property-zoned-and-used-for-farming-including-the-raising-of-crops-and-livestock/can-a-non-convertible-agricultural-land-be-bought-if-the-seller-has-agreed-to-issue-general-power-of-attorney/?utm_source=rss&utm_medium=rss&utm_campaign=can-a-non-convertible-agricultural-land-be-bought-if-the-seller-has-agreed-to-issue-general-power-of-attorney http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/agricultural-land-is-property-zoned-and-used-for-farming-including-the-raising-of-crops-and-livestock/can-a-non-convertible-agricultural-land-be-bought-if-the-seller-has-agreed-to-issue-general-power-of-attorney/#comments Tue, 30 Jun 2009 06:22:14 +0000 atoneplace http://legalcorner.atoneplace.com/?p=1050 Question asked by Mr. Bramhabid Mishra:
Hello Mam, this is Om here. Im looking forward to purchase a piece of land in the annikel taluk. The land is in agriculture category spread over around 1700 sq. ft. As I came to know that it is not convertible due to ban on conversion. So please help me n advice what can be done regarding this? Because now the seller has agreed to issue GPA(GENERL POWER OF ATTORNEY).
Please advise how the deal can be executed smoothly.
Thanking you with regards,
Om (Bramhabid Mishra)
Vatsala Answers:
It is not advisable to purchase this land (even through GPA) as a plot. The land use is not known. It is not clear if it has been acquired by any government body or not. Registration of such kinds of plots in your name is at present not possible, but could be allowed in the near future. You could consider purchasing it now, after due diligence, but as an agricultural land, (if its character has not been changed in the revenue records) and if you are qualified to purchase agricultural land. To get more clarity, you need to show the papers to a lawyer.Vatsala
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]]> http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/agricultural-land-is-property-zoned-and-used-for-farming-including-the-raising-of-crops-and-livestock/can-a-non-convertible-agricultural-land-be-bought-if-the-seller-has-agreed-to-issue-general-power-of-attorney/feed/ 0 Can A Person From Non-Farming Background Buy Agricultural Land? http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/agricultural-land-is-property-zoned-and-used-for-farming-including-the-raising-of-crops-and-livestock/can-a-person-from-non-farming-background-buy-agricultural-land/?utm_source=rss&utm_medium=rss&utm_campaign=can-a-person-from-non-farming-background-buy-agricultural-land http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/agricultural-land-is-property-zoned-and-used-for-farming-including-the-raising-of-crops-and-livestock/can-a-person-from-non-farming-background-buy-agricultural-land/#comments Thu, 05 Mar 2009 00:40:02 +0000 atoneplace http://legalcorner.wordpress.com/?p=192 Question asked by Mr. SV Mohan Kumar from Bangalore:
Hi, his is Mohan from Bangalore, Karnataka. I Want to buy a agriculture Land but I am not from a Farming Background , We don’t have any Agriculture Land , but I want to buy Land and Start Agriculture , My Parents or My Grand Parents are not Farmers but I want to Start , Please let me know the Procedure to buy the Agriculture Land.
Regards
Mohan
Vatsala Answers:
It will not be possible for you to purchase agricultural land in Karnataka unless your annual family income is less than Rs. 2 lakhs and if you already have agricultural lands somewhere in India. Alternatively you can get permission to become an agriculturist provided you are also compliant with the income limit. This involves identifying the land, entering into an agreement of sale (not sale deed) and then approaching the Assistant commissioner concerned, for permission to purchase it. Thereafter you can get the land registered in your name.Vatsala

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]]> http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/agricultural-land-is-property-zoned-and-used-for-farming-including-the-raising-of-crops-and-livestock/can-a-person-from-non-farming-background-buy-agricultural-land/feed/ 0 Can A Resident Indian Buy An Agricultural Land In His Name? http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/agricultural-land-is-property-zoned-and-used-for-farming-including-the-raising-of-crops-and-livestock/can-a-resident-indian-buy-an-agricultural-land-in-his-name/?utm_source=rss&utm_medium=rss&utm_campaign=can-a-resident-indian-buy-an-agricultural-land-in-his-name http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/agricultural-land-is-property-zoned-and-used-for-farming-including-the-raising-of-crops-and-livestock/can-a-resident-indian-buy-an-agricultural-land-in-his-name/#comments Wed, 04 Mar 2009 05:52:33 +0000 atoneplace http://legalcorner.wordpress.com/?p=190 Question asked by Mr. Vinod Burade from Baroda:
My father had agricultural land in his name which he sold few years back. Now we don’t have any agricultural land. Can I buy an agricultural land in my name. Please give your feedback.
Vinod Burade
Baroda
Vatsala Answers:
The laws vary from state to state in India regarding agricultural lands. You should first state where in India you wish to purchase the land and then consult a local lawyer.Vatsala

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