Can company purchase agricultural land in maharashtra

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Company can buy agricultural land in maharashtra. Purpose is to develop it into farmhouse plots and sell. Land is around 50 acres and can be sold into plots of 1.5 acres each. Directors of te company are not agriculturists, but intend to retain 5 acres of land for agricultural purpose.Mar 5, 2010

How can I buy agricultural land in Maharashtra?

In Maharashtra, the agriculture land can be purchased by an existing farmer only. The farmer may be anywhere from India. But if you check all the related documents well in advance than you can avoid all the future problems that usually comes in land transactions.

Can an AOA company purchase agricultural property in Maharashtra?

A company setup solely for the purpose of farming can purchase agricultural property in Maharashtra. So you will have to make MOA & AOA of the compnay in that regard.

Can a private limited company buy agricultural land?

While on the one hand you say that agricultural land can be owned only & only by ancestral farmers and strictly not otherwise, you have also mentioned that a private limited company can buy agricultural land and develop and perform agricultural activities on it.

Can non-farmers buy agricultural land in Karnataka?

The Karnataka Land Reforms Act, 1961, which initially restricted non-farmers to buy land was later amended in 1995, and allowed those with an annual income of less than Rs 2 lakh to buy. In 2015, another amendment allowed even those with an annual income of up to Rs 25 lakh to buy agricultural land after the conversion.

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How much agricultural land can a company own in Maharashtra?

As per this decision, there will be no restriction on holding more than 54 acre of land. The amendment enables developers to buy unlimited acres of land for development of integrated townships and construction of affordable houses in Maharashtra.


Can a company buy farm land?

Karnataka government notifies Ordinance on opening up market for non-irrigated farm land. Now any Indian, or a trust, society, company or an educational institution can buy farmland in Karnataka regardless of the buyer’s annual income from non-agricultural sources.


Can a company in India buy agricultural land?

Therefore company constituted as a juristic person under the Companies Act cannot be considered to be an “agriculturist”. With this we have to conclude that due to provisions made in the Section 63 of the Act, company cannot buy agricultural land for agricultural purpose.


Who can purchase agricultural land in Maharashtra?

farmersIn Maharashtra, only farmers can buy agricultural land. If one of the parents or grandparents of a person is a farmer, then such person is also entitled to purchase. If a person owns agricultural land elsewhere in India, he can still be considered a farmer in Maharashtra.


How a company can buy land?

As per Income Tax and Companies Act, 2013 a company is an artificial person with a separate entity that allows it to purchase properties under its name using the common seal and an authorized signatory. Purchasing a property is like getting into any other transaction.


How much agricultural land can a company own in India?

Also, companies and organisations can hold up to a maximum of 15 acre and for holding more than this limit, it should get exemption under section 81(3) of KLR Act.


Can a company lease agricultural land in Maharashtra?

Due to restrictions contained in the Section 63 of the Bombay Tenancy & Agricultural Lands Act, 1948, a pvt. ltd. company cannot buy agricultural land for agricultural purpose in Maharasthra.


Can partnership firm buy agricultural land in Maharashtra?

Answer: Yes! You can jointly purchase the agricultural land with another person who comes within the category of “Farmer”. You can put a specific clause in the agreement that only after the written consent of both the parties, the agricultural land can be disposed of, sold or be given on rent for cultivation purpose.


Can a company do agriculture?

There is no ban on companies to do agriculture either in their own lands or as a lesee of farmers’ fields. The company’s memorandum and Articles of association should have provision to pursue agriculture. If it is not there originally the articles can be amended suitably to include Agriculture and allied activities.


Can a non farmer buy agriculture land in Maharashtra?

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. If a person holds agricultural land anywhere else in India, he can still be deemed an agriculturist in Maharashtra.


Can a non farmer buy agricultural land in India?

Across India, NRIs and foreign nationals cannot buy agricultural land/plantation property/farmhouse. However, they can inherit agricultural land. Provides information by state in alphabetical order. Before you plan to buy agricultural land in India, you should know that the legal procedure varies from state to state.


What documents are required to buy agricultural land in Maharashtra?

Legal tips for buying agricultural land in IndiaTitle deed of the land plot.Agreement for sale.Stamp duty on the land.Registration of the land.Conveyance deed or sale deed of the land.Tax receipt and bills.Encumbrance certificate.Measuring the land.More items…•


What happens when a collector inspects the activities of a particular agricultural land and finds that the agricultural land is being?

If the collectors inspects the activities of a particular agricultural land and finds that the agricultural land is being used for other purposes, then he has to attach/ acquire the said land from the owners.


What form can determine if a buyer is a farmer?

There is no other village land record except Form no. 6A, which can determine, whether the intending buyer is a farmer or not a farmer.


Can a non-farmer son buy land?

4. There is no such thing as “non-farmer-son” if his father or fore-fathers have been anscestral farmers and have land holdings as classified under form no. 6A. A “non-active” farmer’s son, by default (as above) can purchase agricultrual land, anywhere in India, and activate himself as farmer, during pre or post retirement days. No Restrictions.


Is ABC an ancestral farmer?

2. IF farmer Mr. ABC’s name is in this “Form-6A”, since 1950, then he is classified as “Ancestral Farmer” and ALL (repeat) ALL his legal heir (in-line) which includes his wife, daughter, son and so on till date are “Ancestral Farmers” and all such agricultural income from such lands are exempted under the Income Tax.


Is agricultural land transfer restricted to farmers?

8. BUT, the agricultural land transfer to non-farmer and to non-agriculturist is RESTRICTED ONLY TO INDIVIDUALS and not otherwise.


Can agricultural land be sold?

3. Agricultural land can be owned ONLY & ONLY by ancestral farmer s and strictly not otherwise. Hence by this logic, the Farm-houses can be sold and purchased ONLY & ONLY by farmers / agriculturists and not otherwise, UNLESS AND UNTIL the agricultural land has been duly converted to non-agricultural and THEN a house has been built over it.


Can P.Ltd buy land in India?

3. P.Ltd., can buy agricultural land anywhere in India and do agricultural activities, subject to parameters as suggested in earlier above posts. There is no time-frame problem. The law relating to acquiring or holding “agricultural” category lands SHOULD (I presume) be uniform throughout India and WOULD be NOT limited only to Maharashtra.


How and why investing in agricultural land can be profitable?

1. Low level of risk and high level of capital security – Investing in agriculture is supported by a solid asset that is unlikely to depreciate. Also, past data show that agriculture has demonstrated strong capital protection features over a long period.


Can NRI Indian citizens buy agricultural land in India?

NRIs can only buy commercial and residential properties in India. It is also subject to specific rules and is subject to tax on the purchase of property in India by NRIs. In India, NRIs are not allowed to buy agricultural land, farmhouses, farms, or orchards.


Points to remember while buying agricultural land in Maharashtra

The list of the common documents that need to be checked before buying agricultural land in Maharashtra can be given below.


Legal tips for buying agricultural land

To make this difficult task more manageable for you, we have listed a few essential legal points to consider when buying agricultural land in India.


The cost of agricultural land in Maharashtra

Several natural factors can affect the cost of agricultural land.


The legal aspect of owning agricultural land

Check the title of the farmland is the basic compliance that must be completed before purchase. It is important to ensure that there is no dispute over title and area of ​​land. The confirmation of the farmland title must be at least 40 years before the date of purchase.


Who is the intention of the cultivation of the land concerned?

In other words the intention is that the cultivation of the land concerned must be by natural persons and not by legal persons.


What is personal supervision in agriculture?

In other words, all the agricultural operations, though allowed to be done through hired labour or workers must be under the direct supervision, control, or management of the landlord. It is in that sense that the words “personal supervision” must be understood.


Can you buy agricultural land in Maharashtra?

if you are an agriculturist then only can you buy agricultural land in Maharashtra


Can a company purchase land in Maharashtra?

1) company cannot purchase agricultural land in Maharashtra for carrying out agricultural activities. 2)The purpose of the Bombay Tenancy Act, 1948 is to ensure holding of agricultural land by tenants, labourers and agricultural land holders. Agriculturist as defined in sec.2 (2) of the Act means a person who cultivates land personally;


Can a company setup solely for the purpose of farming purchase agricultural property in Maharashtra?

A company setup solely for the purpose of farming can purchase agricultural property in Maharashtra.


Can you buy land in Maharashtra?

1. Unless you are an agriculturist you cannot buy agricultural land in Maharashtra,


Is a company constituted as a juristic person under the Companies Act considered an agricultur?

Since the word person is defined in section 2 (11) of the Act, its definition as given in the Bombay General Clauses Act, 1904 could not be applied and a company constituted as a juristic person under the Companies Act cannot be considered to be an agriculturist . Having regard to this legal provision, there is no provision under section 63 …


What is agricultural land in Maharashtra?

25 points to check before buying agricultural land in Maharashtra. Agricultural lands are the land which is generally used for farming or cultivation purposes. In Maharashtra, the agriculture land can be purchased by an existing farmer only. The farmer may be anywhere from India.


What type of land is not allowed to sell by the Collector or the Revenue Tribunal?

18. Cultivators Land – This type of land as listed under the Kul-holding u/s 32-G is not allowed to sell by the Collector or the Revenue Tribunal. Hence all the lands of the cultivators should be strictly avoided.


Who is authorized to conduct the survey of the land?

14. Demarcation, Boundaries and Survey – DILR and the Circle Inspectors are the authorized officials to conduct the survey of the land.


Can an agriculturist buy land?

21. Only an agriculturist can acquire an agricultural land. A non-agriculturist can purchase an agriculture land with the prior consent from the District Collector.


What is the prohibition of holding agricultural land?

(a) no person other than a person cultivating land personally shall be entitled to hold land; and. (b) it shall not be lawful for,-.


What is the section 79 of the Karnataka Land Revenue Act?

4 Answers. 1) section 79 A prohibits purchase of agricultural land by any person or family who have annual income of more than Rs 25 lakhs from non agricultural sources. 2) Karnataka Land Revenue Act debars non-agriculturists from purchasing farm land, Section 109 says certain land can be exempted from the provisions of the act for the purposes …


Can you buy land on the name of an agriculturist?

Thus if you intend to buy the agricultural land you may buy it on the name of an agriculturist. to be on the safer side and can convert into a company at a later stage gradually as per law in vogue.


Can a Pvt. Ltd. buy land?

4) Pvt. Ltd. company can buy agricultural land and develop and perform agricultural activities on it, BUT SUBJECT TO the approved provisions of articles and the Memorandum of the pvt.ltd and MUST be approved by the Registrar of Companies


Can a non-agriculturist buy land?

The above law clearly states that a non-agriculturist/company shall not hold or buy any agricultural land until one of them is an agriculturist. (2) Every such institution, society, trust, company, association, body or co-operative society,—.


Can a non-agriculturist purchase land in Karnataka?

in simple terms in Karnataka non agriculturist cannot purchase agricultural land. 2) if you are forming company for purchase of agricultural land in Karnataka you have to obtain approval of high powered committee for purchase of agricultural land. 3) you would need approval from state govt of Karnataka.


How long can you buy land in the agricultural zone?

Any amount of land in the agricultural zone can be purchased as long as the extant law allows it. After the initial five years, an extension can be granted not exceeding another five years but after payment of non-utilisation charges at the rate of two per cent of the market value of the land per annum. Repurchase: Earlier, the government would …


What is the rule for land conversion in Karnataka?

There are charges for land conversion and this varies from place to place and district to district and applicable as per Rule 107 of the Karnataka Land Revenue Rules 1966. More so, post-conversion there are rules related to how the land should be treated, a stipulated period within which land cannot be sold etc. Land which has been converted for residential purposes cannot be used for industrial purposes.


How long does it take to inform the landowner of a change in land use?

Intimation about change in land-use: A buyer needs to inform the Collector about the date on which the change in land-use started within 30 days. If they fail, it would call for a penalty of up to 20 times the amount of non-agricultural assessment fees.


How long can you repurchase land?

Repurchase: Earlier, the government would allow 15 years within which the buyers needed to start work on the newly purchased land. This cap has been brought down to 10 years now post which, if unused, the Collector can resume possession, offer for purchase to the original owner. The owner from whom the land was purchased can buy it back at the same price at which it was sold. If the original owner refuses to buy back, this land can be auctioned. In this case, the purchaser will be entitled to compensation equal to the price at which the land had been purchased by him/her.


How long does it take for land to be put to use?

However, this clause is now deleted. Now, the land needs to be put to industrial use within five years of purchase. Any amount of land in the agricultural zone can be purchased as long as the extant law allows it.


Can you buy land without permission from the Collector?

Nagpur-based advocate, Abhilasha Wanmali says, “According to the amendment made, if the land is situated within the jurisdiction of a municipal corporation, municipal council or town planning authority then without taking permission from the Collector, you can buy it. You will need to convert it to non-agricultural land.


Can you double the area of land?

Note that now , double the area of land can be acquired for educational, housing-related, religious or horticulture purposes than before.


Answers ( 3 )

This is my response to you:
1. You can buy an agricultural land as you are an agriculturist;
2. You have a ceiling limit of 54 acres;
3. You will also need to take other precautions;
4. Consult a local lawyer and take steps.


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