Agriculture Land Purchase Rules in Gujarat: Eligibility, Legal Criteria, and Regulations

Have you ever wanted to buy vast acres of land in Gujarat for agricultural or commercial purposes? In Gujarat, you can easily purchase land with online registration and simplified steps. However, the agricultural land purchase rules in Gujarat have some rigid requirements for buyer eligibility. 

Only farmer-origin individuals are allowed to purchase agricultural lands. However, you can always convert the land for non-agricultural purposes by following a few steps. So, if you want to learn how to perform land conversion, register them and gain tax benefits from it, continue reading the blog.  

Who can Purchase Agricultural Land in Gujarat?

The agriculture land purchase rules in Gujarat clearly state that only farmers can buy agricultural lands. The government has also made it clear that it should give the holding of lands kept for agriculture only to farming families. This was originally to ensure the proper usage of land and to provide sustenance to farmers. However, despite the growing trends in the economy, the government has been debating whether to allow non-farmers access to agricultural lands. 

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How to Register Agricultural Land in Gujarat?

In Gujarat, the registration of agricultural land is done online. The government digitised this process to maintain transparency and to decrease corruption. Hence, here are the steps you need to follow to get your land or property registered online: 

• Step 1: The buyer and the seller have to provide the required documents, which include the sale agreement, the NOC, and proof of identity on the official website. 
• Step 2: After filling out the necessary details, the stamp duty and the amount for registration have to be paid. Stamp duty is about 5% in urban areas and 3.5% in rural areas. 
• Step 3: After the e-submission of the documents, the registration process is deemed complete. 
• Step 4: The papers will be verified, and the registration certificate will be issued and dispatched to both parties.  

What is the Gujarat Land Reforms Act?

Gujarat's agricultural land-buying rules have undergone several acts and amendments to enhance the agricultural landscape. The Gujarat Agricultural Land Ceiling Rules were introduced in 1961. They provided rules for the allotment of lands, gardens, and compact blocks and stated the land sale conditions. 

After that, the Gujarat Agricultural Lands Ceiling or Compensation Bond Rules were established in 1965. This act aimed to restore the lands confiscated by the erstwhile colonial government during the Civil Disobedience Movement and laid down the rules and definitions for compensation bonds. 

How to Purchase Agricultural Land in Gujarat?

Buying land in Gujarat requires you to understand the land purchase rules in Gujarat and adhere to them. Hence, here is a detailed roadmap for you to follow as per the legal requirements: 

• Step 1: A surveyor will take the measurements of your land and generate a title certificate. 
• Step 2: You would then be required to produce documents like title deeds, release certificates, property tax receipts, sale deeds and agreements of sale. 
• Step 3: You would then be necessary to determine the final sale price. 
• Step 4: Submit the documents to the local municipal department and pay the registration fees. In addition, you would need to pay the stamp duty. 
• Step 5: The papers will be sent to the sub-registrar's office for verification and approval. 

What are the Documents Required for Agricultural Land Purchase in Gujarat?

Documentation is a huge part of the buying process. Even in this state, you are expected to produce paperwork according to the agriculture land purchase rules in Gujarat. Given below is a list of documents that are mandatory to present: 

1. Title deed
2. Land measurement certificate
3. Agreement of sale
4. Stamp duty on land
5. Conveyance deed of sale deed 
6. Encumbrance certificate
7. ID Proof (Aadhar card, PAN Card, Voter ID)
8. A copy of the contract of sale 
9. Valuation reports 
10. Income proof
11. Balanced sheet audited for the past 3 years
12. Original registration certificate (for coffee, tea, cardamom or rubber status)

What are the Eligibility Criteria for Agriculture Land Purchase in Gujarat?

In Gujarat, any farmer with enough financial holdings can buy agricultural land. The land must be used for agriculture only. In addition, non-farmers are not permitted to acquire agricultural lands as of now. However, the government plans to expand the right to acquire agricultural lands to non-agriculturists in the near future.. 

Land Conversion: Converting Agricultural Land for Non-Agricultural Purposes

Land conversion is allowed under the rules to buy agriculture land in Gujarat. Following certain simple steps, you can convert your agricultural land for non-agricultural purposes. Here are the steps: 

• Step 1: Check the land records and make sure the land is registered and verified as an agricultural property. You can do this at the Taluka Panchayat Office or online on the Gujarat Revenue Department site. 
• Step 2: You would then need permission from the District Collector's office to convert it into non-agricultural land. 
• Step 3: Produce the required documents such as land record extract, ownership proof, land map, and NOC from Gram Panchayat and Gujarat Pollution Control Board and the latest property tax receipt. 
• Step 4: Pay the non-agricultural land conversion fees, which are estimated based on land size, location and market value. 
• Step 5: If your area is deemed an urban development area, you would need extra approval from the Gujarat Town Planning Department. 
• Step 6: Once your request is approved, the District Collector will issue the Non-Agricultural Use Certificate. Update the land records at the Revenue Department to complete the conversion. 
• Step 7: In case your land is in a municipal area, you would need to apply for approval to change the land use from your local municipal corporation. 
• Step 8: After the approvals are granted and the land records are updated at the respective department, you can use the land for non-agricultural purposes. 

Key Legal Requirements for Buying Agricultural Land in Gujarat

To successfully acquire agricultural land in Gujarat, you need to follow the agriculture land purchase rules in Gujarat. Here are some of the most commonly stated legal requirements as per the state rules. 

• Family Background: In Gujarat, only people belonging to farmer families and those with agricultural backgrounds are allowed to buy agricultural lands. 
• Purpose of Land: The land gained for agrarian purposes must only be used for farming. Any other usage without permission, such as residence and commercial activities, is illegal. 
• Stamp Duty: Stamp duty fluctuates from state to state. In Gujarat, the stamp duty for urban areas is 5%, and for rural areas, it is 3.5%. 
• Disputed Land: Before buying a piece of land, make sure that all the bills are paid off for the said land and that there are no legal disputes. 

Restrictions and Exceptions For Agricultural Land Purchase in Gujarat

The agriculture land purchase rules in Gujarat have certain restrictions for the farmers wanting to buy land in the state. Here are some of them: 

• Non-Agriculturists Cannot Buy Lands: According to the state government of Gujarat, only agriculturists can buy agricultural land. Non-farmers cannot buy these lands. 
• Land Purchase for Educational Institution: In case the land is purchased for the construction of an educational institution, the concerned person has to inform the collector, get the approval and certificate, and begin work on the project at the given time. 
• Farmer's Certificate: Any person wanting to buy agricultural land in Gujarat must produce the farmer's certificate to ensure that the land will be used for agricultural purposes. 
• Conversion for Non-Agricultural Purposes: If any individual wishes to use agricultural land for commercial or non-agricultural purposes, they must first get the required permissions from the District Collector. 

Role of the Agricultural Income Tax in Land Purchase in Gujarat

According to the agriculture land purchase rules in Gujarat, the income obtained from agriculture is not accounted for by tax. Here are more details on the taxation in the agricultural sector:

• Tax Exemption: In Gujarat, income from agricultural sources is exempt from taxes. However, in case of a joint income from agricultural and non-agricultural sources, taxes may be levied. 
• Qualification for Agricultural Income: Income from cultivation of land, leasing of agricultural land, land for agricultural processing and income from farmhouses are all agricultural income. 
• No GST on Agricultural Produce: Selling agricultural produce is free from Goods and Service Tax. However, processed products may have GST. 
• Capital Gains Tax Exemption: Rural agricultural lands are exempt from capital gains tax. However, urban agricultural lands are subject to taxation. 

Government Schemes and Subsidies for Agricultural Land Buyers

The government of Gujarat has implemented several schemes to provide farmers with help and financial support. Similarly, many schemes and subsidies are offered by the union government. Here are some of the best-known schemes:

• Financial Assistance Scheme for Scheduled Caste Farmers: Under the Gujarat government, this scheme aims to provide financial support to small and marginal farmers for self-cultivation. 
• Modified Interest Subvention Scheme (MISS): This scheme offers short-term agricultural loans to farmers practising animal husbandry, dairy farming and allied activities. 
• Agriculture Infrastructure Fund (AIF): Under the scheme, farmers are provided with medium- to longer-term debt financing facilities for investment in agriculture. 
• Pradhan Mantri Kisan Samman Nidhi (PM-KISAN): The Union government brought forth this scheme to support land-holding farmers with a fund of Rs. 6000 per year. The amount is paid in three installments.. 

Navigating Agricultural Land Purchase in Gujarat with NoBroker

Agriculture land purchase rules in Gujarat have changed and advanced over time. With registration being done online, debates and deliberations to extend land-holding rights to non-farmers, and new and innovative schemes in place, the state has provided ample facilities for buyers of agricultural lands. 

However, purchasing land remains a complex procedure with tons of paperwork. But do not worry; NoBroker provides detailed information and simplified steps to help you navigate through the process. With NoBroker, you can be assured of a successful agricultural land purchase. 

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