AGREEMENT TO SELL AGRICULTURAL LAND
- 1. PARTIES AND TRANSACTION
The agricultural land is situated at __________ and is further identified by the revenue particulars below.
- 2. PRICE AND PAYMENT
- 3. TITLE, DOCUMENTS AND DILIGENCE
Seller relies on the following title/allotment/conveyance record: __________.
- 4. REVENUE IDENTIFICATION
Revenue particulars: __________. Land nature/use: __________. Cultivation/possession: __________.
Tenant/cultivator position: __________.
Revenue-record condition: __________.
- 5. ACCESS, ACQUISITION AND USE
Access: __________.
Acquisition/restriction notices: __________.
Land-use reliance: __________.
- 6. CROPS AND TREES
Standing crop/tree allocation: __________.
- 7. MEASUREMENT AND POSSESSION
The buyer may verify area, boundaries, approach and possession against current revenue records before completion. A material discrepancy must be resolved in writing rather than assumed from broker/site description.
- 8. COMPLETION AND CONVEYANCE
Section 54 of the Transfer of Property Act, 1882 treats a contract for sale as an agreement that a sale will take place on settled terms; the contract does not by itself create an interest in or charge on the property. The final transfer of ownership must occur through the legally required conveyance/registered instrument.
- 9. DEFAULT AND REMEDIES
Any forfeiture or stipulated default amount must be read with section 74 of the Indian Contract Act, 1872: the aggrieved party may recover reasonable compensation not exceeding the amount named or penalty stipulated; the document should not describe a punitive sum as automatically recoverable merely because it is labelled earnest money.
- 10. ASSIGNMENT, BROKERAGE AND NOTICES
4A. REVENUE CHAIN AND IDENTITY
The parties should reconcile the title deed or inheritance instrument with current jamabandi/record-of-rights entries, mutation history and the exact khasra numbers being sold. Revenue entries assist identification and possession history but should not be drafted as a substitute for the underlying title. If the seller’s name, share or area differs across records, the discrepancy should be resolved or expressly accepted before completion.
4B. SHARE IN JOINT KHATA
Where the seller holds a fractional share in a larger joint holding rather than an exclusively partitioned parcel, the agreement must say so. A buyer should not assume that possession of a particular field equals exclusive title to that field. If the bargain depends on a particular parcel emerging from partition, that partition should be a completion condition and documented through the appropriate revenue/civil process.
4C. CULTIVATION AND CROP POSSESSION
The seller should identify who actually cultivates the land, whether any crop has been sown, who paid for inputs and when possession will be physically available. Harvest rights should be stated by crop and date where relevant. A contractor, sharecropper, lessee or other cultivator should not be described casually; the buyer should verify whether any person can assert continuing possession or tenancy rights.
4D. BUYER'S ELIGIBILITY
4D.1 The Buyer declares that the Buyer is a person resident in India, and is not a non-resident Indian, an Overseas Citizen of India, or any other person resident outside India. Under the Foreign Exchange Management Act, 1999 and the rules made under it, none of those may acquire agricultural land, a plantation or a farm house in India except by inheritance, so a sale to such a buyer could not be completed. If the Buyer's residential status changes before the sale deed is registered, the Buyer will tell the Seller in writing at once.
5A. APPROACH AND RASTA
Physical approach to agricultural land can be as important as title. The buyer should inspect the route and verify whether access is public, recorded, common, permissive or disputed. If the only access crosses another holding, the agreement should not state that a permanent right exists unless supported by record or legally enforceable arrangement. A material access problem should be an express diligence/completion condition.
5B. ACQUISITION, ROAD WIDENING AND SCHEME NOTICES
The seller should disclose notices actually received concerning acquisition, pooling, road widening, zoning, consolidation or another authority action affecting the land. The buyer should independently search the relevant records where the location makes such issues material. The seller should not be made to warrant that no future government action will ever occur; the disclosure relates to existing knowledge and records at the transaction stage.
5C. LAND USE AND DEVELOPMENT EXPECTATIONS
This agricultural-land agreement should not be converted into a promise that CLU, colony approval, plotting permission or commercial/residential development will be granted. If the buyer’s purchase is conditional on a named approval, the exact approval and deadline must be written. Otherwise the buyer accepts that future development permissions depend on law and authority discretion beyond the seller’s control.
6A. WATER, ELECTRICITY AND IRRIGATION
Tubewell, canal, electricity connection, bore, motor, pipeline or irrigation rights should be described only if included in the sale and supported by the seller’s rights. Movable pumps, machinery and crops should be separated from immovable land consideration where appropriate. Shared irrigation arrangements with neighbours or co-sharers should be disclosed rather than assumed to pass as exclusive rights.
6B. TREES, STRUCTURES AND FARM ASSETS
Trees, sheds, boundary walls, rooms, pumps and other site assets should be identified if their inclusion affects consideration. The agreement should distinguish permanent fixtures intended to pass with the land from movable equipment the seller will remove. Any structure lacking approval should be disclosed without representing it as regularised merely because it appears in physical possession.
7A. PHYSICAL MEASUREMENT
Kanal/marla or hectare area recorded in revenue documents should be compared with the land actually pointed out. The buyer may seek demarcation where location or extent is uncertain. A broker’s site tour or fence line is not conclusive. If there is a material shortfall, overlap or possession mismatch, the parties should resolve it before registration through a written amendment, corrected description or termination route.
7B. COMPLETION AT REGISTRATION
The seller should attend registration with the title/revenue documents reasonably required, and the buyer should attend with funds, withholding compliance and identity/registration particulars. Possession should be delivered according to the crop and cultivator arrangement. If the land is mortgaged, the release/payment sequence should prevent the buyer from paying the full consideration while the original title remains encumbered.
PERSONAL DATA NOTICE
This notice is given under the Digital Personal Data Protection Act, 2023. Personal data in this document is collected only to document and perform the proposed purchase of the identified agricultural land and conduct revenue/title diligence, communicate about that purpose, verify expressly supplied transaction information, and retain an evidentiary record.
If the proposed transaction does not proceed, the personal data will be retained for 90 days from the final cancellation/withdrawal decision and then erased, except for records needed for a live dispute or a named statutory retention duty. If the transaction proceeds, the record will be retained for the transaction period plus 12 months and then erased unless a longer statutory period applies.
Data minimisation: this document does not require full Aadhaar numbers, Aadhaar copies, passwords or bank credentials. Identity and tax documents should be collected only through the dedicated KYC/tax workflow where necessary.
EXECUTION