Points to consider while buying agri land in TN

The One Acre Farms

17 May, 2021

legal points to consider while buying agriculture

As someone from Bangalore looking to Buy Farm Land near Bangalore in the Tamilnadu border, Buying an agricultural land in Tamilnadu can be a good decision as agricultural lands are much cheaper in Tamilnadu and agriculture is tax-free in India. But, when you decide to Buy Agricultural land in Tamil Nadu, you have to take care of some legal as well as technical issues related. But being a farmer to purchase agricultural land in TN is not required like in most other states. 

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Different conditions for buying agricultural land
Except for Kerala, Telangana and Tamilnadu, you need to be a farmer to purchase agricultural land in India. 

If you or your forefathers are not farmers, you need to show that you have agricultural lands to Buy Agricultural lands in most other states.
To buy agricultural land in Tamilnadu all you need to do is be a citizen of India. However, PIO’s and NRI’s cannot purchase agricultural land
 Update : Currently Karnataka also allows non farmers to buy Agriculture Lands. This opens up the opportunity for Bangalore people to buy farm / agroculture farms near Bangalore.

Types of agri-land classifications in Tamil Nadu
In Tamil Nadu, the land is classified as wetland (‘Nanjai’) or dryland (‘Punjai’). This classification is mentioned in the ‘Patta’ ( the revenue record that specifies the owner of a particular land) for the underlying land.  If your decision is to use the land for some kind of commercial use after some time… then we suggest you go in and buy dry land, as you will not need very stringent clearances to convert the land. as the process to convert wetland process is very complicated. 
You cannot convert fertile agricultural irrigated (called Nanjai Land in Tamilnadu) land into residential land or use it for other commercial/industrial purposes; you can use them only for agricultural purposes.

Important factors to purchase land in Tamilnadu
Verify the owner carefully
Before finalizing the deal, check about the owner details so that you don’t get cheated.

The following are the documents that confirm the ownership of land.

1. The Patta passbook,
2. The title deed of the property
3. “A” register
4. EC ( Encumbrance Certificate )

The above documents will enable the legal expert to decide if the property is the right one to purchase.

Check land classification
There are many categories where the land falls under prohibited purchases. Know the laws associated with the land carefully. Ensure that the land you wish to buy is not in any categories of no purchase land. Also, check that the land is not forest land, govt property and assigned to the landless poor by the state government.

Sales deed or agreement
Verify all the documents related to sales. It should have a detailed sales deed with full details of the land, its boundary, the name and address of the owner. Your agreement must be signed by both parties and duly witnessed by them.

Stamp duty and registration of the land
From state to state, the stamp duties varies accordingly. Stamp duty must be paid by the buyer as it can be evidence of buying in the court for future references in cases. You must also ensure that land is registered with the owner name with dates of purchase of the agricultural land in Tamilnadu. During registration of the land, sales deed, previous deed and tax receipt and two witnesses should be present.

The application must be sent to the tehsildar of the city in form 6A for mutation of the land records within 90 days of registration. You can also seek the title deed and patted passbook from him.

Survey of the land
The land should be surveyed by the authorized surveyor of the government to measure the plot size and its boundaries.

Entry in Adangal
Adangal is the land record that keeps the history of all activities carried out on the land. The Village Administrative Officer (VAO) is responsible for keeping a record of all crops/activities that are being carried out on the land. You should also get the details recorded of land in Adanagal.

Obtain copies of land records and tax receipts
You should obtain tax receipts of land and certified copies of land recorded in Adangal and A register as the legal purchase of the land.
Purchasing land from the NRI owner

You can also buy the land from the NRI owner. However, there must be a third party to authorize the selling of the land. If you purchase agricultural land in Tamilnadu from NRI owners, look at his power of attorney properly signed by the Indian embassy in his province.

However, As mentioned earlier, if you are an NRI / PIO you are not allowed to Buy Agricultural land in Tamilnadu. 

Sometimes. Your lawyer may also ask for the Village Map to find out details about the road access near your proposed land. and also check other facors like availablity of ponds, rivers and streams in/near the survey number you propose to buy. 

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