Buying agriculture land

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Buying agriculture land

 

Purchasing of Agricultural Land in Rural Areas

 

  1. Before initiating purchasing process, the purchaser of land should obtain the certified original copies of Nakal Jamabandis, Aks Shajra Plan, Mutation and Girdawri from the concerned Patwari by paying the fee prescribed by the Govt. The entry relating to said fee should be got made in the Roznamcha of the Patwari. This entry would help if any fraud is detected later on at any stage.
  2. On obtaining the aforesaid document the purchaser should also get it verified from the concerned Patwari whether the land in question is not affected by any proceedings / notifications issued under the Land Acquisition Act, 1894.
  3. The rural areas coming within the radius of 5 Kms. from any Municipal Town are also covered under the Haryana Development and Regulation of Urban Areas Act, 1975. In such areas selling of land in pieces by sub dividing the Khewat having area of more than 1000 sq. meters is considered an offence. Therefore, before signing any agreement with the seller of land, No Objection Certificate is required to be obtained from the concerned District Town Planner.
  4. The purchaser should not purchase the excess land beyond the limit prescribed under “The Haryana Ceiling on Land Holding Act, 1972”.
  5. The purchaser should purchase the complete Khewat prescribed in Nakal Jamabandi of the Revenue Department. The complete Khewat may be owned by more than one person. In that case all persons who are owning that land should collectively sign the Sale Deed before the Tehsildar/Registration Officer along with photographs of sellers and purchaser. In case the purchaser has to purchase part of the Khewat, in that case sub division of Khewat is required to be executed from the concerned Tehsildar. Before purchasing agricultural land the purchaser should verify the genuineness of the sellers through their identify cards / ration cards / driving licenses / voter identity cards etc. etc.
  6. Before giving any advance / token money or signing memorandum of understanding, the purchaser should verify from the concerned Patwari about the lease deed or mortgage deed or any other hypothecation for obtaining loan from any Bank etc. and should obtain no encumbrance certificate from the concerned authority.
  7. After making payment of advance/token money and before execution of conveyance deed, the purchaser should give a public notice in three local and reputed newspapers to the effect that so and so land (by mentioning the particulars of Khasra Nos., their areas and names of the owners of the land) is being purchased by so and so person (name and address of the purchaser) and if any person has any objection for the said transaction, the same may be intimated in writing to the purchaser of the land within 15 days to be reckoned from the publication of said notice in the newspapers.
  8. The purchaser should get the search report conducted from a professional advocate who will submit report on the basis of 30 years old revenue record and his personal survey.
  9. Before execution of sale deed, General Power of Attorney is required to be obtained from the seller to the effect that he has given the right of executing mutation to a person i.e. the person recommended by the purchaser. This Power of Attorney will help the purchaser in getting the land mutated in his name as during Tehsildar’s inspection/enquiry, the seller may not cooperate with the purchaser.
  10. After execution of the sale deed, the purchaser should get his land mutated in his name from the concerned Tehsildar.