Supreme Law News

Are Farm Houses Legal ? Should you invest?

Who can afford not to be tempted by well crafted advertisements offering you lush green acres of land in country side, especially after Corona terror in Urban India.

But is it legal for you to buy farm house in India. Do you remember that old controversy in which for long super star Amitabh Bachchan, was trapped when he purchased agriculture land in Barabanki in Uttar Pradesh?

Under state law in UP only a farmer can buy huge agriculture land.

Second, Union laws do not allow a NRI to buy agriculture land.

So in the backdrop of above is it legal and safe for an individual like you to buy a farm house.

First and foremost is to remember that a home cannot be built on agricultural property legally. The regulations governing the same vary by state. Therefore, one may be required to submit a CLU (Change of Property Use) application to the appropriate government to convert agricultural land for residential use.

According to the Karnataka Land Revenue Act, farmhouses may be constructed on agricultural land that does not exceed 10% of the total landholding.

Additionally, the farmhouse must be used only for personal purposes or for the residence of family members, dependents, and servants. Farmers may use the land for agricultural purposes, including the storage of farm goods and the tethering of livestock.

The other things one ought to ensure before buying a farm house includes:

1) Confirm that the land you are purchasing is fertile. The registered documents should include all pertinent information regarding the property, including the soil and crops cultivated on the site.

2) Ascertain that your land is fenced in with a property wall. Also consider additional amenities like water availability, electrical connection, and distance from the main road since most people prefer to live in a green, tranquil location.

3) The agricultural or farmland you are purchasing should have received official clearance for sale since its absence may cause complications later on. Additionally, not all states allow non-farmers to own farms. This should be verified in advance to minimise last-minute complications.

While purchasing farmland, it is also essential to evaluate the appropriate taxes. Different tax rates may apply to other kinds and sizes of farmhouses and farmlands.

4) Additionally, ensure that you understand the property borders by consulting the land records. _If the farmhouse is classified only for agricultural cultivation, it cannot be utilised for cattle rearing. Therefore, it is critical to confirm these things.

Dr. Ajay Kummar Pandey

( LLM, MBA, (UK), PhD, AIMA, AFAI, PHD Chamber, ICTC, PCI, FCC, DFC, PPL, MNP, BNI, ICJ (UK), WP, (UK), MLE, Harvard Square, London, CT, Blair Singer Institute, (USA), Dip. in International Crime, Leiden University, the Netherlands )

Advocate & Consultant, Supreme Court of India & High Courts

4C Supreme Law International, Delhi, NCR. Mumbai & Dubai

Tel: M- 91- 9818320572. Email: editor.kumar@gmail.com

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