• Gift deed of property to son

My mother gifted me 15 guntas out of her 2 acres agriculture land in 2014 and khata transfered on my name. She purchased in 2007 from fathers savings..father and mother both belong to agriculture family. Father is an ex service man. I have applied for residential conversion in 2015. They say I was not eligible for gift as my income was more than 2 lakh as per act 79 a. I am the only son and have 2 settled sisters .Gifted to enable me and sisters build home taking loan from bank. Pls advice.
Asked 5 years ago in Property Law
Religion: Hindu

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15 Answers

Receiving gifts is not the one with the income of the person receiving the gift so any person who has absolute energy prop any property make if his property to any person and the receiver should get the property registered in his name by paying the stamp duty consideration is not the part of gift so there is no problem having an income

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

SECTION 79A (3) TO (6)3. Every acquisition of land otherwise than by way of inheritance or bequest incontravention 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 tothe Tahsildar having jurisdiction over the Taluk where the land acquired or the greater part of it is situaTed

2) if your income was more than Rs 2 lakhs you could not ha ve been gifted agricultural land

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

Hello,

You will have to obtain permission from Assistant commissioner of the region under Section 80 of the KLR to make the gift deed a valid one, so that it is not challenged in future.

Contact a local lawyer for the same.

Regards

Anilesh Tewari
Advocate, New Delhi
17943 Answers
377 Consultations

5.0 on 5.0

Your is very mothher can give gift deed to you

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

4.2 on 5.0

We do not know why mutation of property was done in your name and khata transferred in your name

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

Hello,

Might be the case that they did not webt through the documents with regards to the same, and sid mutation on the basis of gift deed.

Regards

Anilesh Tewari
Advocate, New Delhi
17943 Answers
377 Consultations

5.0 on 5.0

Hi

It is Incorrect to say that you cannot inherit agricultural properties in the event of your annual income is more than 2 lakhs as Karnataka Land Reforms Act only Prohibits buying and selling of lands. and NOT inheritance.

Yours is a case of inheritance by way of gift deed from your mother.

Also you did the right thing by getting the mutation and khata transferred to your name.

Section 79-A. Acquisition of land by certain persons prohibited. - (1) On and from the commencement of the the Karnataka Land Reforms (Amendment) Act, 1995, no person who or a family or a joint family which has an assured annual income of not less than 1[rupees two lakhs] from sources other than agricultural lands shall be entitled to acquire any land whether as land owner, landlord, tenant or mortgagee with possession or otherwise or partly in one capacity and partly in another

From a bare reading, it is explicitly clear that Section 79-A prohibits only acquisition by way of sale, mortgage etc and NOT inheritance.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

1. the law in Karnataka concerning Agricultural land is that no body can own a piece of Agricultural land unless he/she is an agriculturist and his income from source other than agriculture is more than Rs.2 lakhs per year.

2. So, as per the law of your State, you are not eligible to to own a piece of Agricultural land in Karnataka.

3. Based on the above, you are not eligible to own the said Agricultural land through the said gift deed.

Krishna Kishore Ganguly
Advocate, Kolkata
26791 Answers
726 Consultations

5.0 on 5.0

The said Gift will be invalid since the donee is not eligible to own agricultural land in Karnataka for reasons as explained in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
26791 Answers
726 Consultations

5.0 on 5.0

1. The Revenue Collection Authorities are not to verify whether your deed is valid or not.

2. They will collect the revenue and mutate the name only.

3. Mutation does not legitimise a deed of conveyance per se.

Krishna Kishore Ganguly
Advocate, Kolkata
26791 Answers
726 Consultations

5.0 on 5.0

Section 79 (3) is the relevant provision in your case, which says "Every acquisition of land otherwise than by way of inheritance or bequest in contravention of this section shall be null and void". Since your mother has executed a gift deed, it is inheritance, which is saved by this section.

.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1.Since land was purchased by your mother in 2007 and such purchase is subject satisfaction of provisions 79A and 79B Karnataka Land Reforms Act.

2. There are three conditions that have to be prove by you and your mother before purchasing such agricultural lands.

3. However the limit is enhanced to Rs.25 lakhs with retrospective effect, the relevant notification/amendment is as follows:

The Legislative Assembly on Friday passed the Karnataka Land Reforms (Amendment) Bill, 2015, to increase the income limit for non-agricultural sources to purchase farmland from Rs. 2 lakh to Rs. 25 lakh.

The Bill empowers deputy commissioners of districts, instead of assistant commissioners, to grant permission for non-agriculturists to purchase agricultural land under Section 80 of the Act.

In reply to the debate on the Bill, Revenue Minister V. Srinivas Prasad said taking into account inflation, which was nearly 300 per cent in the last two decades, the maximum income limit was fixed at Rs. 25 lakh. Despite opposition from some quarters, it was decided to fix the limit to prevent misuse of farmland, he said.

Mr. Prasad said the last income limit revision was in 1995 when the former Prime Minister H.D. Deve Gowda was the Chief Minister. Mr. Gowda increased the income limit from Rs. 50,000 to Rs. 2 lakh. In 1991, the income limit was increased from Rs. 12,000 to Rs. 50,000, Mr. Prasad said.

Kishan Dutt Kalaskar
Advocate, Bangalore
6069 Answers
392 Consultations

4.8 on 5.0

First make sure that whether RTC stands in your mother's name. If RTC bears your mother's name even you can also be consider as a Agriculturist. [even though you are not doing agriculture by profession, you will be consider as agriculturist]. Your mother can gift the property in your name, this can be done before jurisdictional sub-registrar office.

As a matter of fact the ceiling limit has been raised to 25 lakhs even for non-agriculturist in Karnataka and land reforms act has been amended accordingly.

Hence you can take the help of an advocate and visit the concerned office to clarify the details.

T Kalaiselvan
Advocate, Vellore
79184 Answers
1611 Consultations

5.0 on 5.0

Can a mother not gift her son agriculture land if his income was more than 2/lakh in 2014 in karnataka

It was only for non-agriculturists, since you are coming from an agricultural background, this clause may not be applicable to your case.

T Kalaiselvan
Advocate, Vellore
79184 Answers
1611 Consultations

5.0 on 5.0

Then why did mutation and khata was transfered to beneficiary by revenue authorities.

You can first issue a legal notice questioning their authority and file a suit seeking direction to the DC to approve conversion on the basis of evidence and merits in your side.

T Kalaiselvan
Advocate, Vellore
79184 Answers
1611 Consultations

5.0 on 5.0

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