Legal matters – Conversion of agricultural land to residential land
There is a system to be accompanied to trade land use even as developing agricultural land for residential functions.
Agricultural land can’t be used for residential purposes. You cannot assemble a house on agricultural land to stay in, even though the land may be owned by you. You need to get the land use transformed from agricultural to residential earlier than any production. Different States have unique approaches to do that.
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In case you are buying a assets, you have to check whether or not the land on which the belongings is built is residential land. In case it become initially allocated as agricultural land, its use have to had been transformed to residential.
You can convert agricultural land into residential or industrial land through paying a fee. You can get a ‘change of land use’ after obtaining the necessary approval from the nearby authorities. You have to observe to the commissioner of the land sales department, explaining the cause of conversion. Along with the software, you want to attach positive documents which include ID proof, mutation letter, original sale deed (or present partition deed), today’s tax paid receipt and licensed survey map. There is a price to get the land converted, depending on the character of the belongings and its area.
The information of volume of land, names of the existing and former proprietors, form of soil and vegetation, mortgages and so on additionally want to be provided. Certified copies of these documents can be acquired from the revenue workplace or the tahsildar. All excellent dues need to be paid in complete and copies of price proof ought to be attached.
The district or deputy commissioner, or collector, who is authorized, might also allow conversion of land if glad that the prescribed situations have been met and there are not any pending dues or litigations on the property. The conversion ought to additionally be permissible underneath the master plan of the vicinity. A conversion order allowing the exchange in land use will then be issued. Also, a conversion certificate could be issued.
In Karnataka, the Karnataka Land Revenue Act 1966 has prescribed the procedure to convert agricultural land to non-agricultural, below Section 95 of the Act. The motive for the alternate in use of land must be unique. The Deputy Commissioner may additionally supply permission and might even impose conditions. The regulation prescribes a penalty in case of violation of the procedures.
You want to submit the Record of Rights and Tenancy Certificate (RTC) in authentic issued by using the revenue authority at the side of a photocopy of the atlas of the land (survey variety), duly attested by the Department of Survey Settlement and Land Records, showing the scale with scale and boundary of the land proposed for conversion. In addition, a photocopy of the sales survey map of the village showing the area of the land proposed for conversion and the proposed site plan need to be submitted.
The price charged for exchange in land use is to be paid as per Rule 107 of the Karnataka Land Revenue Rules 1966. The price varies for extraordinary districts and places in Karnataka.
Some States have regulations on land where the use has been converted. It can not be transferred for a positive time period without payment of a top class or obtaining permission from the prescribed authority. Similarly, a few States have a provision that if the cause for which the land changed into converted isn’t completed in a positive period of time, the permission is cancelled and the land reverts returned to agricultural. So, any agricultural land, transformed for a non-agricultural cause, should be used for such transformed motive in the certain time from the date of difficulty of the conversion order, failing which the conversion order could be withdrawn and the amount of top rate deposited might be forfeited to the State authorities.
Further, agricultural land transformed for residential functions can not be used for commercial purposes. The revenue evaluation is exclusive in all such specific makes use of of land. When land is transformed, the purpose of the conversion is supplied via the land owner. The customer of such converted land ought to ask for all documents copy of the software made to transform the land from agricultural to residential and approvals acquired from the specific government.