By Dr Sanjay Chaturvedi, LLB, PhD
INVESTMENT in the agricultural land, as a real estate, can rated prime amongst many available, property-options . Realty, citizen are getting into cultivates like horticulture, dairyming ,forestry and farming, the fascination and expectations. This trend is emerging and increasing steadily
. The businessmen, industrialists, builders and financiers are plunging into this various activity , with unknown enthusiasm . Even upper middle class is ushering into this traded investment land. Some have already jumped into it and some others are ready to jump to it. “ Farm-owner” seems to the newest status-symbol. How to acquire this enchanting a enthralling status symbol? There is an attempt to provide sidelines to an incumbent deciding to be the owner of an agriculture land.
Agriculture and human life have direct nexus since times immemorial and every civilization has robbed and prospered amidstesh forestry and agriculture . The propriety of foodcrops, fruits, flowers, seeds beans , leave, herbs, wood, fodder, timber etc. products grown on the earth is innumerable and catering too! Mother Earth has in there for us , various mineral and rental deposits beneath and, various crops and plants on the surface to supplement human life. Man was an agriculturist first and progressed to today’s level therefrom. Agricultural has several branches which can be enumerated as follows :-
- Horticulture 2) Floriculture 3) Sericulture 4) vegiculture 5) Poultry- farming 6) Dairy Farming 7) Bee-keeping ,
Agriculture land and operations in Maharashtra are regulated by three pieces of legislation viz. 1)The Bombay Tenancy and Agriculture Lands Act, 1948 .2) The Maharashtra Land Revenue Code ,1966 & 3) The Maharashtra Agricultural lands (Ceiling on Holdings) Act, 1961. The legal terminology used in these legislation are briefly summarised here below for clearer understanding of the working and dealing later on.
The term “ Agriculture” carries the usual and popular meaning and
includes horticulture too. Agriculture , thus , encompasses the raising of crops and grass and fruits and flowers, but it does not include allied pursuits like diary ,poultry , grazing , livestock-breeding and wood-cutting . However, the use of the land for the grazing of one’s own agricultural cattle abovestated definition should be applied to determine whether an activity or pursuit is Agricultural or otherwise.
The term “ land Revenue” means all sums or payments in money , received or legally climbable by or on behalf of the state Government from any person on account of any land or interest therein . The land revenue includescess , rate, premium, rent , lease-money ,quit rent , Judi or other fees and charges declared under any rule ,act, contract or scheme. Correspondingly, Non Agricultural Assessment Tax means the assessment tax fixed on any land put to use for a non-agricultural purpose.
Points to be considered, permissions to be obtained and documents to be prepared .
- 7/12 Extract: This the basic document of title and recording a record of rights herein the A-land survey no. with Hissa , Ghat No., measurement of A. Land area, name of the owner/ hold/tenant along with the types of the crop taken. It is available from the Talathin of the village. A. model 7/12 extract is given alongside.
- 6 & 6/12 extracts: 6/12 extract denote s various mutation entries pertaining to different types of rights attached to or created or transferred to the legal heirs or other person in respect of particular land. It records how the A-Land has changed hands and what other rights are created on it. It is read in conjunction with the 7/12
- 8/A extract : This is in the form of a booklet containing therein the details of Payments of Land Revenue tax, types of crop taken , owner’s name , etc. Together with 7/12 & 6/12 extract, 8/A extract gives a full view of the
- Land Revenue Tax Receipts : They are issued to the agriculturists by the Talathin/ Tehsildar upon payment of Land-Revenue Tax and other cases if
- Part – Village-Map & Block Plan:- This is to be obtained to locate , identify and tally the location of the A-Land vis- a-vis the Physical location of the A-Land.
- Size, shape & dimensions of the plot:- There are to be noted with a particular view to determine and verify the access to the A-Land, existing or proposed . It should be tallied by an actual survey of the A-Land.
- Access road & Internal roads :-There are to be confirmed by inquires with the neighbours, revenue officers and the right of way for a particular piece of A-Land.
Underground water search:- This can be carried out be a scientist or a water -diner and fix the point where to dig a well or a bore well for water supply.
- Rainfall & Temperatures:- These should be noted under .These should be noted and understood with reference to the proposed crops to be taken. Areas of hazardous climatic conditions should be avoided .
- Soil testing- This is very important in order to plan out the crop- pattern to be undertaken suitable to the qualities of the A- lands. This is done by government Agencies as well as private
- Reservations or Acquisitions , if any:- Road and other public purposes by W.D. , zilla panchayata ,dam, water ,projects , canals, forest, industrial zone. Etc. to be inquired with different concerned authorities viz. BMRDA, corporation , panchayata, states government .
- Agricultural land ceiling :- categories of lands and respective limits to be ascertained and related. NOC to be obtained from the competent The sale is always subject to and should confirm to the agricultural land ceiling act of the state Government .
- Original title deeds:- These should be thoroughly checked by the competent legal advisor to determine the clear and marketable title of the A-
- Legal search report & public notice:- These are to be taken out to further investigate the title of the A-land under sale by an Advocate.
- Encumbrances , if any:- Bank or private party mortgagee, charge, lien, to be ascertained and should be settled before the deal is finalised or the document is registered.
- Litigation at revenue courts, collector, mamlatdar, civil court or High court :-All the related paper should be studied to know the effect of these litigations on the title of the A-land under
- Demarcation and survey and boundary :- DILR and circle inspector are the authorities to conduct an official survey of the A-land by proper demarcation.
- Disputes of boundary , if any:- These are essential to be sorted out and fix the Demarcation lines to know the exact boundaries form all
- Claims of outsiders, if any :- Any karja/boja on A-land by the Agriculturist should be settled first before the conveyance of the A-land.
- Family disputes, if any:- There are to be know first and in advance to settle every concerned person’s individual and jointrights and interests before the payment is parted with .
- Sale -permissions , if required :- This should be obtained prior to the completion of the sale of A-land. Other wise the sale may be declared null and
- A-land belonging to cultivators:-This is also not saleable A-land . The collector or Revenue Tribunal doesn’t grant sale permissions to the cultivator to sell his land to anyone, Therefore, A-land with Kul- holding u/s 32G should not be bought.
- A-land belonging to Adiviasi:- These should never be bought by a non-Adiviasi can only sell to another
- Inami land :- Old conditions and new conditions are attached to such A-land and hence normally it is not advisable to buy such Inami
- M. Permissions, if necessary:- For a bungalow or a farm house, Farmhouse rules are made out and accordingly , the permission should be obtained .
- An Agricultural only can buy an Agricultural land:- This is of paramount importance and hence only a farmer can acquire the A-land . A non farmer is not eligible to buy A-land without prior permission of the collector.
- Valuation report of A-land:- This should be obtained from the registered valuer and the agreement should be made keeping in view this report or there about .
- Agreement to sell:- This should be drafted, executed and registered by a competent Advocate putting there in all relevant terms and conditions
- Power of Attorney :- This should be obtained form the Vendors to the Buyers for necessary follow up at various revenue offices and other persons.
- Indemnity Bond:- This is required in case , a certain condition is to be specifically fulfilled by the vendor in favour of the A declaration
-cum-Indemnity Bond should also be taken from the vendors , where necessary .
- Deed of conveyance:- This is to be , finally , executed duly stamp
- Registration of deed:- This conveyance must be duly registered with the registrar of assurances for the legal
- New 7/12 extract shall , then , reflect the name of the new-owner,
i.e. the buyer.