SALE & PURCHASE OF AGRICULTURAL LANDS
By: Sudhakar Dokhane
(Past President PEATA (I)
For last decade or two, higher income group people residing in urban areas are buying agricultural lands for the purpose of construction of farmhouse, gardening, farming & horticulture; mainly to spend some days in the company of nature. Some time agricultural lands are purchased for business income out of cash crop products, and income tax exemptions on such income.
However very few people are aware of the revenue rules, regulations and provisions, and some time land in to troubles if such lands are purchased merely on advice of agents without proper investigations; and advice of legal experts in the field.
Following information on the subject will give adequate knowledge while executing transaction of agricultural lands, permissible developments & uses etc.: –
CLASSIFICATIONS OF AGRICULTURAL LANDS:
The agricultural lands are mainly classified in three categories: –
Bagayeet (Wet Crop) Lands:
These type of lands remains under cultivation for all types of crops,
horticultural products, vegetable, nurseries etc. through out the year by using reserve water sources i.e. wells, rivers, canals etc.
Jirayeet (Dry Crop) Lands:
These lands are mostly dependent on monsoon for cultivation where other
water resources are not available. Such lands are mainly cultivated for Jawar, Bajari, Wheet, Dals and such crops once in a year.
Padik (Barren) Lands:
These lands mostly consist of rocky soil where cultivation is not possible
easily. In other words these are non-cultivable lands.
Private ownership lands are divided in two categories: –
Kabjedar : –
The agricultural lands owned and cultivated by the holder are private ownership lands. The ownership of such land is permanent in perpetuaty and the holder is entitled to sale such lands. The owners under this category are termed as Kabjedar or Bhooswami in revenue records of 7/12 extract.
32-G Lands : –
Lands under this category are also private ownership lands, which are
allotted to kool for cultivation, against payment of yearly rent payable by the said kool to the land lord.
Under the provisions of (protected) Tenancy Act (Kool – Kayada) the lands under cultivation by such tenant as on 1-4-1957, such kool being statutory purchaser automatically becomes the holder of such land, had it been the said tenant has paid appropriate value (Nazarana), to the Govt. and have obtained a Sanad / Certificate under section 32/M of the Act and thereafter such land can be sold and not otherwise.
In some of the cases even today it is seen that the encumbrance i.e. 32-G is mentioned by way of mutation entry in the other right’s column of 7/12 extract. Which means that the said tenant (even in possession of land) has not paid appropriate value (Nazarana) to the Govt. and obtained necessary Sanad/Certificate under section 32-M of the Act, and to that extent the land is encumbered. In such circumstances the holder can not sale such land unless the appropriate value (Nazarana) is paid to Govt. and necessary Sanad/Certificate /Permission is obtained.
Note : It is advisable that the purchaser of such lands (32 – G) should verify the
compliance of above obligations by the holder before execution of transaction.
The lands NOT owned legally by any person as well as lands declared as forests,
and lands covered under sea bed, creeks below high water mark, rivers, nallas, lakes, tanks etc. are normally Govt. lands unless private ownership is mentioned in 7/12 extract.
The State Govt. can award their lands to private individuals on certain terms and conditions for cultivation; which are known as under:-
Inami / Vatan Lands:-
The lands awarded by the State Govt. to religious trusts, temples or to a
person for his distinguished services, for their use and occupation; are Inami / Vatan Lands, which can not be transferred by such person or body holding inami / vatan rights, without permission of the Govt. However this category is no more operative as the inami / vatan rights are abolished by law.
Khalsa Lands: –
The lands of which inami / vatan rights are abolished are known as
Khalsa lands, even though are in private possession. Such holder can not sale khalsa lands without prior permission of Govt. The State Govt. can permit sale only after recovering appropriate value (Nazarana) from the seller as determined by the Collector, and not otherwise.
Note: It is essential for purchaser that where the charge of Govt. is mentioned as Khalsa in 7/12 extract, he should verify & confirm that the permission for sale
& transfer is obtained from the Collector and appropriate value (Nazarana) is paid to Govt., prior to transaction.
Tribal (Adivasi) Lands: –
The lands allotted by the Govt. to adivasis for cultivation known as Trible
Lands. Sale & transfer of such lands in any manner whatsoever in favour of non-tribal, is strictly prohibited unless specifically permitted by the Govt.
Any transaction of adivasi/tribal lands, without permission of Govt. is illegal and will not be entertained by court of law. Even no pleader or advocate can appear or represent before collector/commissioner on behalf of non-tribal purchaser.
WHO CAN PURCHASE AGRICULTURAL LAND ?
ONLY an Agriculturist of any state of India can purchase agricultural land/s in
state of Maharashtra. (Non-Agriculturist is prohibited from purchase of agricultural land by law).
The purchaser agriculturist has to produce proof of he being an agriculturist by submitting 7/12 extract in his favour, to the land revenue officer – Talathi of the respective village, without which ownership of such purchased agricultural land/s can not be transferred.
Note: If wife or husband prior to her or his marriage, either of is an agriculturist the other automatically becomes agriculturist and there after their children by succession.
The agricultural land can be used for the following purposes:
Cultivation & Farming.
Producing dry or wet crops.
Horticulture-for growing fruits, vegetables, flowers, nursery, ornamental & medicinal plants etc.
Construction of wells, tanks, or such water reservoirs.
Construction of cattle & storage sheds for crops and agricultural instruments.
Construction of house for self & servants’ use.
Note: i) Above users are not treated or considered as Non-agricultural.
ii) No agricultural land or its part is allowed to be used for non-agricultural (N.A.) purpose i.e. for housing, commercial or industrial use; without specific permission from the Collector.
iii) The Collector can issue N.A. permissions provided such lands are covered by the development plan approved by the appropriate authority of the Govt.; for the respective users permitted in the said development plan.
WHAT IS FARM HOUSE AND HOW IT CAN BE USED ?
Any holder of land, which is assessed or held for the purpose of agriculture is
entitled to construct residential accommodation on agricultural land, popularly known as “FARM HOUSE”; which can be used for following purposes :
Residence of family, servants & tenants.
Storage sheds for agricultural products.
Storage sheds for instruments and accessories required for cultivation.
6) WHERE CONSTRUCTION OF FARM HOUSE IS PERMITTED ?
In rural areas the farmhouse can be permitted on agricultural lands by the permission of appropriate local revenue authority.
In urban areas local planning authority can permit farm house in the following manner:
Within city limit or beyond 8 kms. of peripheral areas of Pune, Nagpur, and Gr. Mumbai Municipal Corporation limits.
In rest of A, B & C class Municipal Councils, within city limit and beyond 3 kms. peripheral area.
Following table shows the minimum area of land/plot where farm house can be constructed with its plinth area & height of structure permissible thereof : –
SR. NO. AREA OF PLOT/LAND NUMBER OF FARM HOUSES PERMITTED MAXIMUM PLINTH AREA PERMITTED MAXIMUM HEIGHT OF STRUCTURE AND FLOORS PERMITTED
1 Minimum 4000Sq. Mtrs.
Maximum 6000Sq. Mtrs.
150 Sq. Mtrs.
5 Mtrs. above Plinth
Single Floor House.
Above 6000 Sq. Mtrs.
More than ONE
1/4 of the plot area or maximum 400 Sq. Mtrs.
If Farm House is to be used for Owner & tenants’ residence then plinth area shall be restricted to 150 Sq. Mtrs.
5 Meters above Plinth
Single Floor House.
WHERE FARM HOUSE IS NOT PERMITTED ?
Farm House will not be permitted by the authority in the following cases: –
If area of agricultural land is less than 4000 Sq. Mtrs.
If height of structure proposed is more than 5 Meters.
If number of floors are more than one.
SUB-DIVISION OF AGRICULTURAL LANDS:
In rural areas large agricultural lands can be sub-divided for the purpose of sale or
for family partitions. Minimum area of sub-divided plot in respective type of lands is shown in the following table: –
SR. NO. TYPE OF LAND MINIMUM AREA FOR SUB-DIVISION
1 Rice / Paddy Fields 1 Acare.
2 Bagayeet (Wet Crop) Land 1/2 (Half) Acare
3 Jirayeet (Dry Crop) Land 2 Acres.
Note: The above minimum areas for sub-division is not applicable for the agricultural lands in urban areas.
9) PRECAUTIONS FOR: PURCHASE / SALE, OCCUPATION AND
USE OF AGRICULTURAL LANDS
Do’s & Don’ts
Do not purchase agricultural land if you are NOT an agriculturist.
Visit & inspect the land before purchase.
Verify the title of land through legal expert.
Confirm whether the land sale is prohibited by the State Govt. for any reasons mentioned above; and purchase only after prior permissions are obtained from concern revenue authority of the State Govt.
Confirm & verify that the ownership of land so purchased is transferred in 7/12 extract & mutation entries are recorded in 6/12 extract in your favour.
Do not construct farmhouse without permission.
Use the land for the purposes mentioned herein above.
Collect / Obtain KHATE BOOK-LET from Talathi & get it updated every year.
Obtain fresh 7/12 extract every six months/year & check encumbrances if any.
Pay agricultural land revenue to the Talathi concern every year and obtain receipt of payment thereof.
Visit/stay on the site at least once a month and monitor the progress, and improvement of cultivation.
Do not produce perishable items without marketing arrangements.
SOME IMPORTANT TERMS COMMONLY USED:
This is a revenue document of ownership consist of name of the holder, description of property (i.e. Survey No., Hissa No.) area of land, village, taluka, description of cultivation, and encumbrances if any.
ii) 6/12 Extract:
This is a extract of records of mutation entries of showing other rights which is, popularly known as “Pher-Far Patrak”.
iii) Survey Number:
This is an identification number given by the revenue authority to agricultural lands in the respective village where the property is situated.
iv) Hissa Number:
This is a sub-number given to portion of land when main survey number is divided due to partition of land. It is also an identification number allotted to respective piece land.
v) Kabjedar / Khudd:
Holder of the land, in whose name ownership vests; and who cultivates the land him self, or through his family.
Kool is a protected tenant of the agricultural land having her/his cultivation rights and such interest in the property. After the agricultural tenancy act came in force this category is abolished, as all such tenants became holders by statute.
Lessee of the landlord who is permitted to cultivate the land.
It is a village site with its peripheral boundary reserved for the residential purpose for the natives of the village and is free of assessment. The Govt. has powers to increase the boundary of the gaothan as and when required considering the population of the village.
It is a non-cultivable portion within a the cultivable land to which the land assessment is not charged.
Kharif Crops :
The crops totally depending upon monsoon and which are produced during June to October once in a year are known as Kharif Crops.
The crops produced mainly during November to March of the year with other water / irrigation resources are Rabbi Crops.
11) CEILING ON HOLDING OF AGRICULTURAL LAND IN THE STATE OF MAHARASHTRA
The State of Maharashtra by enactment has put up ceiling on holding of
agricultural land under “The Maharashtra Agricultural Lands (Ceiling & Holding) Act 1961; modified from time to time.
The Ceiling is decided on the class of land. The classification of land for this purpose as shown in clause No. (5) of section 2 of the act is as under: –
CLASS OF LANDS
Class of Land Description
(a) Type The lands with assured water supply for irrigation and capable at two crops in a year.
(b) Type The lands which has no assured perennial water supply for irrigation, and capable of one crop a year.
(c) Type The lands irrigated seasonally by temporary water supply under water sanction.
(d) Type Dry crop lands not falling under (a) (b) & (c) categories above; which are used mainly for paddy cultivation.
(e) Type Dry crop lands other than falling under (a) (b) (c) & (d) above; and irrigated by any water source & used for horticulture.
In all the districts of State of Maharashtra following is the ceiling Limit on holding agricultural lands: –
Hectares Ares i.e. Acres
1 (a) Class 7 28.43 = 18 Acres
2 (b) Class 10 92.65 = 27 Acres
3 (c) Class 14 56.86 = 36 Acres
4 (d) Class 14 56.86 = 36 Acres
5 (e) Class 21 85.29 = 54 Acres
Notes: i) Above ceiling limits and classification of lands are as shown in the
Maharashtra Agricultural Lands (Ceiling on Holding) Act 1961 modified up to 15th December 1980, which are reproduced for information only.
It is advisable that the purchaser concern should make proper inquiries with revenue officer to decide his holding limit before purchase of new transaction.
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