Are there restrictions on buying agricultural land in India, and who can purchase it?

Question

I want to buy an agricultural plot in another state as an investment. Are there any restrictions on who can buy such land? Before I spend money on it, I want to know whether State Tenancy and Agricultural Land laws (e.g. Karnataka Land Reforms Act 1961, Section 79A/79B) gives me a remedy here and what proof I would need. Any Section numbers I can quote when I write to them would be useful.

MyVakeel Legal Desk · Accepted Answer

State Tenancy and Agricultural Land laws (e.g. Karnataka Land Reforms Act 1961, Section 79A/79B), Foreign Exchange Management Act 1999, Section 6 and Registration Act 1908, Section 17 is what decides this question in India. Read it alongside the provisions named, because the relief available to you turns on the facts you can prove on paper.

Agricultural land is a state subject, and most states restrict purchase to persons who are themselves agriculturists or fall within income or landholding limits, as seen in provisions like Sections 79A and 79B of the Karnataka Land Reforms Act.

Several states impose a ceiling on the total agricultural land an individual or family can hold, and any acquisition beyond the ceiling can be declared surplus and vest with the state government.

Under FEMA Section 6, non-resident Indians and foreign nationals are generally barred from purchasing agricultural land, plantation property or farmhouses in India except through inheritance.

Some states require the buyer to obtain prior permission from the revenue authority or Tahsildar before registering agricultural land in the name of a non-agriculturist, and any registration under Section 17 without such permission is void.

Converting agricultural land for non-agricultural use also requires separate statutory permission before it can be legally used for residential or commercial purposes.

What this means for you: 1) Check the applicable state land reforms law for eligibility to purchase agricultural land; 2) Obtain prior permission from the revenue authority if you are not classified as an agriculturist; 3) Verify landholding ceiling limits before finalising the purchase; 4) Confirm NRI or foreign national status restrictions before attempting to buy agricultural land.

Where the facts are disputed, what usually decides a agricultural land purchase restrictions matter is the paper trail — dated complaints, acknowledgments and written replies under State Tenancy and Agricultural Land laws (e.g. Karnataka Land Reforms Act 1961, Section 79A/79B). You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in property law.