• Can elder sister gift deed agricultural land to younger sister?

My wife's elder sister owns 1.5 acres of agricultural land in her name in Karnataka Domicile. She bought this land using her own earnings about three years back. The facts are:

> Elder sister is an agriculturist and owns another land by inheritance from past 30 years.
> Younger sister (my wife) is not an agriculturist and her annual income is less than Rs. 25 lakh, whereas family income (including mine-husband) is more than Rs. 25 lakh per year. Myself (husband) is also not an agriculturist. 

1. Is it possible to gift deed this agricultural land by elder sister to younger sister? Does article 79 prohibits such gift deed from agriculturist elder sister to non-agriculturist younger sister in Karnataka?

2. What is the procedure to get the gift deed done in case it is permitted?

3. What will be the cost of gift deed stamp duty in percentage?

Kindly help me clarify these doubts.
Sridhara
Asked 7 years ago in Property Law
Religion: Hindu

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3 Answers

1. Is it possible to gift deed this agricultural land by elder sister to younger sister? Does article 79 prohibits such gift deed from agriculturist elder sister to non-agriculturist younger sister in Karnataka?

There is no restriction as far as section 79 of Karnataka land reforms act to acquire an agricultural property from a close relative through transfer of the same by executing a registered gift deed in her favor.

2. What is the procedure to get the gift deed done in case it is permitted?

Prepare a gift deed through a document writer, get it executed and registered through a local sub-registrar's office.

3. What will be the cost of gift deed stamp duty in percentage?

The stamp duty is a local subject and will differ from one state to another, hence you may enquire it locally.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

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SECTION 79A (3) TO (6)3. Every acquisition of land otherwise than by way of inheritance or bequest in contravention of this section shall be null and void.4. Where a person acquires land in contravention of sub-section (1) or acquires it by bequest or inheritance he shall, within ninety days from the date of acquisition, furnish to the Tahsildar having jurisdiction over the Taluk where the land acquired or the greater part of it is situated a declaration

2) elder sister has to make application to assistant commissioner for permission to gift such land to younger sister who is non agriculturist . Asst commissioner may grant permission subject to condition that younger sister takes up agriculture within period of 1 year .

3) if younger sister cease doing agricultural activities within period of 5 years land may vest in Stat govt on payment of compensation

4) section 80 of karnataka land reform act bars non agriculturist from being gifted agricultural land in karnataka .

Ajay Sethi
Advocate, Mumbai
95198 Answers
7607 Consultations

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A. Your wife is eligible to get gift deed as her family members are coming to Agriculture. The point here is you wife's elder sister being an agriculturist is sufficient and can be assumed that no legal issue over this as one the family members being agriculturist.

B. You may get stamp duty exemption towards the Gift Deed execution as it is coming within the family relation. Hence, Gift Deed is permissible in the eyes of law under this view.

C. Get a Gift Deed draft with latest RTC and Mutation to submit the same before the sub registrar and submit the stamp duty and registration fee as prescribed.

D. Before 2016 it was Rs.1000/- but it was amended in 2016 and it will be calculated as per the area limits which means BBMP limits or Municipality limit or Panchyath limit.

B.T. Ravi
Advocate, Bangalore
943 Answers
96 Consultations

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