Buying agricultural land in India involves several legal considerations to ensure a smooth and lawful transaction. Here are some legal tips to remember when buying agricultural land in India:
Verify the ownership of the agricultural land before buying agricultural land in India. Also, check the land records at the local revenue office. Ensure that the seller has clear and undisputed title to the land. Obtain an encumbrance certificate from the sub-registrar’s office to verify that there are no existing encumbrances. Also, verify legal claims on the land, such as mortgages or pending litigation.
Confirm that the land is designated for agricultural use. There are no restrictions or prohibitions on converting the land to non-agricultural use if you plan to do so in the future. Likewise, in some states, laws limit the amount of agricultural land an individual or entity can own. So, always ensure that the land you intend to purchase complies with state land ceiling laws.
Check if the land’s record of rights and rights record has been updated to reflect the current owner’s name. These documents establish the land ownership status. Conduct a land survey to verify the boundaries and measurements of the agricultural land. Also, ensure that it matches the details mentioned in the documents.
Other legal tips:
Obtain a No Objection Certificate from the local authorities or concerned departments to confirm that there are no objections to the transfer of land ownership. Engage a competent lawyer with expertise in property and agricultural laws to review the documents, ensure legal compliance, and assist in the due diligence process.
Make sure all financial transactions related to the land purchase are done through proper banking channels and obtain valid receipts for all payments made. Ensure that all agreements and sale deeds are executed according to legal requirements. Ensure that the seller has cleared all property-related taxes, including land revenue and property taxes, before ownership transfer.
Once all due diligence is complete, execute the sale deed in the presence of two witnesses and register it at the Sub-Registrar’s office to make the ownership transfer legally valid. If the agricultural land is inherited, verify the inheritance documents and ensure that all legal heirs have given their consent to the sale.
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