Can a Non-Farmer Buy Farm Land? Navigating Section 63 and New Rules
The outskirts of Pune—Mulshi, Maval, Haveli, Velhe—are prime targets for investors looking for farmhouses or second homes. However, buying agricultural land in Maharashtra is not as simple as buying a flat in the city.
The state has strict laws protecting agricultural land. Ignorance of these laws can lead to the government confiscating your land and imposing heavy penalties.
Here is what you need to know about Section 63 of the Maharashtra Tenancy and Agricultural Lands Act.
1. The “Farmer Only” Rule (Section 63)
Under Section 63, only an “Agriculturist” (Farmer) can purchase agricultural land in Maharashtra.
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- Who is an Agriculturist? A person who cultivates land personally and whose name appears on the 7/12 extract as a landholder.
- The Restriction: A professional (IT engineer, doctor, lawyer) or a businessman cannot buy farmland directly if they do not possess a valid farmer certificate.
2. The 11 Guntha Relaxation: The Exception
To boost investment, the government introduced a specific relaxation to this rule.
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- Where it applies: A non-farmer can buy agricultural land if it is located within the limits of a Municipal Corporation or Council, AND the area is designated as a “Residential Zone” or “Green Zone” in the Development Plan.
- The Catch: Strictly speaking, this often applies to small plots. However, purely agricultural zones outside city limits still rigorously require farmer status.
3. The “Guntha Plot” Trap
You will see many advertisements for “1 Guntha Plots” or “PMRDA Proposed” plots. Be very careful.
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- Tukde Bandi Act: The Prevention of Fragmentation and Consolidation of Holdings Act prohibits dividing land into fragments smaller than the standard area (usually 11 Gunthas or more depending on the region).
- The Risk: Buying small fragments (1 or 2 Gunthas) without NA (Non-Agricultural) permission is often illegal. Such sale deeds are frequently rejected by the Registrar or challenged later.
4. Verification of Farmer Certificates
Some agents promise to get you a “Farmer Certificate” from another state (like Rajasthan or MP) to help you buy land here.
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- Strict Scrutiny: Maharashtra authorities have become very strict. They verify the authenticity of out-of-state certificates.
- Consequences: If your certificate is found to be fake or obtained through a loophole, the sale deed in Maharashtra will be cancelled, and the land will vest with the government.
5. Due Diligence Checklist
Before paying a token amount:
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- Zone Check: Request the “Zone Certificate” from the Town Planning department. Ensure it is not in a Forest Zone or Eco-Sensitive Zone (ESZ) where construction is banned.
- Access: Does the land have a legal access road? Many lands are landlocked, making them useless for development.
Buying land is a high-reward investment, but the legal hurdles are significant. Always conduct a 30-year search report before entering the deal.