Can You Lease Out Farmland in UP? What Sections 94 and 95 of the Revenue Code Allow Since 2019: खेती की ज़मीन पट्टे पर देना

Many people who buy farmland on the Yamuna belt do not farm it themselves. For years, UP law made that awkward: only specified “disabled” landholders could lease land out. That changed in 2019. This guide explains what the law now allows, how to do it properly, and the points to watch.

What changed in 2019

Under the Code as originally enacted, leasing was largely prohibited: only “disabled persons” (such as widows, minors, armed-forces personnel, people unable to cultivate, and some others), could lease, for up to three years. A lease outside those cases could turn the lessee into a landholder. UP Act 7 of 2019 (deemed in force from 10 March 2019) replaced Sections 94 and 95 to make land available for agriculture and industry, and the old restrictions went.

The rules now

• Who and to whom. Any bhumidhar may lease to any person, firm, company, LLP, trust, society or other legal entity, a “private lease by a bhumidhar” (Section 94(1)).
• Purpose. Agriculture, or setting up a solar energy plant.
• Rent. In cash, in kind, or as a share of the produce.
• Term. Up to 15 years at a time (30 years for a solar plant), extendable by mutual consent.
• Form. A lease for a single crop or up to a year can be oral or written; a lease longer than a year must be a registered instrument.
• Record. A copy of a written or registered lease goes to the Revenue Inspector, who has its details (parties, date, period, use and rent) entered in the remarks column of the khatauni.

Ending a lease, and disputes

• No tenancy. Whether registered, notarised or oral, a private lease gives the lessee no tenancy or occupancy right and cannot be used to claim a permanent right.
• Automatic reversion. At the end of the term the land reverts to the owner, and the lessee must hand over possession, even if a dispute is pending. A lessee who stays on is an unauthorised occupant, liable to ejection and penal rent.
• Early termination. The owner can end the lease early, after written notice, for unpaid rent or breach; the lessee can then remove structures and claim agreed compensation. A lessee who wants to leave early must give six months’ notice and pay the rest of the year’s rent.
• Disputes. First through settlement or mediation; then a petition to the SDM, who decides summarily within 30 days, with an appeal to the Commissioner.

Stamp duty and registration

Under the Registration Act, leases for more than a year, or reserving a yearly rent, must be registered; an unregistered lease that needed registration cannot affect the property. Stamp duty on leases in UP is set by Article 35 of the stamp schedule, for a fixed rent with no premium, duty is calculated as on a conveyance of a multiple of the average annual rent (three times for 1–5 years, rising with the term), and cultivation leases of up to a year or with annual rent of ₹100 or less are exempt. A temporary remission of stamp duty on lease deeds was notified in November 2025; check with the sub-registrar whether a concession applies when you register.

Points to watch

• Joint holdings. If the land is held jointly, all co-sharers should join the lease. See dividing jointly held land.
• Inside the YEIDA notified area, building anything beyond farm use (including on leased land) still needs the Authority’s approval. A solar plant is a non-agricultural use; check approvals. See farmland and farmhouse rules.
• Not a sale. A lease, however long, does not transfer ownership; never accept one as a substitute for a sale deed. See why GPA and agreement deals are risky.
• Check the record. Look for existing lease entries in the khatauni’s remarks column before buying land. See checking khatauni.

Common questions

Please verify before you sign. Rules, stamp duty and procedures change. This is general information, not legal advice; take advice on the lease terms for your specific land.

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