Site icon Housing News

How to buy agricultural land in India?

Investing in agricultural land in India has gained traction due to the growing demand for organic farming, horticulture, and rural retreats. However, buying agricultural land can be complex, with legal, financial, and regional regulations varying across states. Understanding the legal framework, eligibility criteria, and other aspects of purchasing farmland is essential before making an investment. This guide provides step-by-step details on how to buy agricultural land in India.

 

Key considerations before buying agricultural land

Before purchasing agricultural land, there are multiple factors that a potential buyer should consider. These include understanding ownership rules, eligibility, land-use permissions, and risks. Let’s take a closer look at these aspects:

 

1. Understand the legal status and ownership

The first step is to verify the legal ownership of the agricultural land. Ensure the seller has a clear title and the land’s right to sell. Check the encumbrance certificate, verifying that the land is free of legal liabilities such as mortgages or pending loans.
You must also cross-check the land records, including the title deed, revenue records, and past ownership documents.

 

2. Eligibility criteria for purchasing agricultural land

Only farmers or individuals engaged in agricultural activities can purchase agricultural land in many states. Some states allow non-farmers to buy farmland under certain conditions, while others have strict restrictions.
Here’s a state-wise overview:

 

3. Verify the land classification and usage

Agricultural land may be classified for specific uses such as crop farming, horticulture, or grazing. Ensure the land use matches your intended purpose. Converting agricultural land to non-agricultural use requires government approval and can be lengthy.

 

4. Location and water availability

The productivity of agricultural land largely depends on its location and access to water sources. Land with proximity to rivers, ponds, or irrigation facilities is preferable. Additionally, soil quality and nearby infrastructure, such as roads and markets, must be checked.

 

Legal documentation required to buy agricultural land

Buying agricultural land involves a range of legal documents to ensure a smooth transaction. Here are the primary documents needed:

 

1. Title deed

The title deed establishes the ownership of the land and must be carefully examined to ensure it’s free from disputes. It should clearly state the landowner’s rights and history of ownership.

 

2. Encumbrance certificate

This certificate is essential to verify that the land is free from financial or legal liabilities. You can obtain it from the sub-registrar’s office.

 

3. Record of rights (ROR)

The record of rights provides information on the land’s current status, ownership, and history of transactions. It helps verify if the land is registered for agricultural use.

 

4. Land tax receipts

Ensure that all land tax payments are up to date. Ask for the most recent tax receipts from the seller to confirm that no dues are pending.

 

5. Mutation register entry

This document shows how the property’s ownership has been transferred from one person to another over time.

 

Steps to buy agricultural land in India

Purchasing agricultural land involves multiple stages, from verification to registration. Follow these steps to ensure a hassle-free transaction:

1. Identify the land and conduct due diligence

 

2. Verify the seller’s identity and ownership

Ask for proof of the seller’s identity and compare it with the name on the title deed. This ensures you are dealing with the rightful owner.

 

3. Check for restrictions

Understand the state’s specific rules and restrictions on buying agricultural land. Seek legal advice if necessary.

 

4. Obtain a no-objection certificate (NOC)

Sometimes, you may need a no-objection certificate from local authorities or government departments to complete the transaction.

 

5. Draft a sale agreement

Once due diligence is complete, draft a sale agreement outlining the transaction’s terms and conditions. This agreement should include:

 

6. Registration of the sale deed

Register the sale deed at the local sub-registrar’s office. Pay the applicable stamp duty and registration fees, which vary from state to state. Once registered, the buyer legally becomes the owner of the land.

 

Stamp duty and registration charges

Stamp duty and registration charges are mandatory when purchasing agricultural land in India. These charges vary significantly across states and depend on the property’s location (urban or rural areas), the buyer’s gender, and the property’s value. Below is a detailed overview of stamp duty and registration charges in various Indian states:

 

1. Andhra Pradesh

Total charges amount to 7.5% of the property’s value.

 

2. Karnataka

Note: These rates apply uniformly across genders.

 

3. Tamil Nadu

Total charges amount to 8% of the property’s value.

 

4. Maharashtra

Total charges for male buyers are 7%, and for female buyers, 6%.

 

5. Gujarat

Notably, female buyers are exempt from stamp duty in Gujarat.

 

6. West Bengal

Total charges are 7% for properties up to ₹1 crore and 8% for properties above ₹1 crore.

 

7. Rajasthan

Total charges are 6% for male buyers and 5% for female buyers.

 

8. Uttar Pradesh

Female buyers receive a ₹10,000 concession on stamp duty.

 

9. Punjab

Total charges are 8% for male and 6% for female buyers.

 

10. Bihar

Total charges amount to 8% of the property’s value.

 

11. Kerala

Total charges amount to 10% of the property’s value.

 

12. Haryana

Total charges vary based on the property’s location and the buyer’s gender.

 

13. Uttarakhand

Total charges are 7% for male buyers and 5.75% for female buyers.

 

14. Himachal Pradesh

Total charges vary based on the property’s value and the buyer’s gender.

 

15. Jammu and Kashmir

Registration charges are not specified.

 

16. Arunachal Pradesh

 

Financing options for buying agricultural land

Unlike residential properties, agricultural land does not always qualify for loans from conventional banks. However, there are alternatives:

It is advisable to consult with a financial advisor or loan officer for the best funding strategy.

 

Important rules and regulations to remember

Compliance with state laws and local regulations is crucial when buying agricultural land in India. Here are some key points to keep in mind:

 

Common challenges and risks in buying agricultural land

Buying agricultural land comes with its share of risks. Here’s what you should be aware of:

 

Tax implications of buying agricultural land

Understanding the tax implications of purchasing agricultural land is essential for planning your investment.

Consult a tax advisor to ensure compliance with the latest tax regulations.

 

Advantages of buying agricultural land

Buying agricultural land offers several benefits, especially for those looking for long-term investments:

 

Housing.com POV

Buying agricultural land in India can be rewarding if approached with due diligence and proper research. Understanding the legal framework, verifying documentation, and following state-specific rules are crucial to ensuring a smooth transaction. Always seek legal and financial advice before purchasing to avoid potential pitfalls. With the right approach, agricultural land can be valuable to your investment portfolio.

 

FAQs

Can non-farmers buy agricultural land in India?

It depends on the state. Anyone can buy in states like Tamil Nadu and West Bengal, but states like Maharashtra and Karnataka have restrictions.

What documents are required to buy agricultural land?

You need the title deed, encumbrance certificate, record of rights (ROR), land tax receipts, and mutation register entry.

How is stamp duty for agricultural land calculated?

Stamp duty varies by state. For example, it’s 7% for male buyers in Tamil Nadu, 5% for Karnataka, and 6% for male buyers in Maharashtra.

Are there any financing options for buying agricultural land?

Banks generally don’t offer loans for agricultural land, but you can explore agriculture loans from nationalised banks and NBFCs.

What are the tax benefits of owning agricultural land?

Income from agricultural activities is tax-free, but capital gains tax may apply if you sell the land.

What is the process for converting agricultural land to non-agricultural use?

You need to apply for land conversion with local authorities. Approval is required, and the process can be lengthy.

How can I verify the ownership of agricultural land?

Check the title deed, encumbrance certificate, and mutation records to ensure the seller has clear ownership.

Was this article useful?
  • ? (0)
  • ? (0)
  • ? (0)
Exit mobile version