• Adding name of legal heir after demise of the owner

My grandfather expired in 1970, the properties were sold to other individuals. Now my father is trying to buy agricultural land in our native place (Maharashtra) but he is unable to do so as his name is not reflecting in the list of heirs 7/12 documents. How can we add his name? We still have land records reflecting my grandfathers/great grandfather's name in this area - 7/12 records but no document showing my father's name. However he was born in the same place, his schooling records are also proven and he also has an affidavit duly signed by my uncle (elder brother signed in 2009) whose name shows in the 7/12 records but is now dead acknowledging that they are brothers. We are being told that he cant get a farmer certificate though he has all the above documents. 
1. What should the legal process be
2. We want to add his name as one of the legal heir
3. To prove that he is the son of agriculturist
4. Get our names added to the list of being agriculturist
Asked 4 years ago in Property Law
Religion: Hindu

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15 Answers

1) Old documents will not get updated, however try to attached your grandfather and great grandfather names documents of land records with your father identity name documents and try to purchase agricultural land. As he us son if farmer. Get documents signed by collector.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

to obtain farmer certificate you must have existing farm land in you name or any other person who is farmer related to you or showing a proof of being agricultural or worker in a agricultural farm.

2) you need to obtain farmer certificate issued by Tehsildar

3) Section 63 of the Maharashtra Tenancy and Agricultural Land Act, 1948 (“MTAL”) barred a sale, gift, exchange, lease or mortgage (in which possession is delivered) of agricultural land to a non-agriculturist or to any other persons holding land in excess of two-third of the ceiling area as determined under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, without the prior approval of the Collector.

4) On 1 January 2016, an amendment was made to the existing law to allow a non-agriculturist to acquire agricultural land subject to certain conditions.

5) The amendment, which came into force from 1 January 2016, was made in the form of adding a sub-section to Section 63 of the MTAL, whereby the following lands would be excluded from the purview of Section 63 of the MTAL:

Land situated within the limits of a Municipal Corporation; or

Land situated within the limits of a Municipal Council; or

Land situated within the jurisdiction of Special Planning Authority; or

Land situated within the jurisdiction of New Town Development Authority; or

Any land allocated for residential, commercial, industrial or any other non-agricultural use as proposed in the draft/final Regional plan or Town Planning Scheme prepared under the Maharashtra Regional and Town Planning Act, 1966.

In short, a non-agriculturist can now acquire agricultural land for non-agricultural purpose (residential/commercial/industrial), if such land falls under any of the five exceptions to Section 63 of the MTAL as mentioned above.

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

1. File an application before the district collector's office and annex all the existing documents and other documents proving that Father is the legal heir of the deceased Land-Holders. Also procure a certificate from the Gram Panchayat, stating that Father is son of deceased Land-Holders and is entitled to purchase agricultural land.

2. AFTER proper hearing the Collector would grant permission to buy Agriculture Land, after following due procedures of law.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Since you have sold the land the name cannot be mutated and he cannot be deemed as agriculturist since he donot own any agriculture land now.

Since in Maharastra non agriculturist is barred from buying any agricultural land he has to take certificate from tehsil dar/subregistrar revenue to buy a land.

Since your family is not holding any agricultural land he cannot buy agricltural land.

See check whether any portion of agricultural land is still unsold in your family as for sold part if your father based on death certificate of grandfather applies for mutation then the third party shall take objection to effect and if certificate issued by this means can be cancelled and there can be punishment and penalty.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Sir,

You may approach High Court to issue a direction to the concerned to issue farmer certificate. In the meanwhile get death certificate of your grandfather and file application before concerned revenue officer to change the katha in the name of your father and also issue farmer certificate.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

The legal heirship certificate issued by the revenue department in respect of the lgal heirs of your deceased grandfather would clearly indicate him as his legal heir besides his own brother who is an agriculturist.

This will be a substantial evidence to prove that your father belong to an agricultural family.

It is not necessary that his name has to be mentioned in the 7/12 register that he belongs to an agricultural family.

Did you enquire the details from the revenue department before concluding on the basis of the rumours spread by ill knowledged people on this.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

This is my response to you:

1. As you are looking to buy the agriculture land in Maharashtra then you should first have the farmer’s certificate from any state of India;

2. You will also need: You need to get 4 Passport size photos of our father, 4 Copies of Id Proof. Like ( Pan Card, Aadhar Card, Driving Licence, Agreement, Passport.) Any One and 4 Copies of Address Proof LIke ( Ration Card, Aadhar Card ,Driving Licence, Agreement, Passport.) Any One​​;

3. You will need to approach the tehsildar or talathi with the application;

4. You will also need to get legal heir certificate from district court to prove that your father is the legal heir of his father;

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Dear Client,

Ask your father to apply for Legal Heir certificate. On the basis of it, apply to collector along with documents proving GF as farmer.

IF not convince, appeal to high authority or High Court.

1. What should the legal process be -- apply to collector on the basis of documents.

2. We want to add his name as one of the legal heir -- Apply to Tehsildaar for LHC.

3. To prove that he is the son of agriculturist

4. Get our names added to the list of being agriculturist

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

DEAR SIR,

Your questions are very interesting. I will try. If your family is HUF then your father will be considered as agriculturist. Each partner of the partnership must be an agriculturist and if required certificate to that effect to be produced. Power of attorney sales are banned by SC. Yes you can purchase or transfer the property in the name of father once he obtains farmer certificate. The law on GPA purchases is as follows.

=========================================================================================

No property sale on power of attorney: Supreme Court

Property sales through the common practice of general power of attorney (GPA) will not give ownership title to the buyer.

In a landmark judgment that is expected to send a large number of property owners into a tizzy, the Supreme Court held that the GPA method of immovableproperty sales is not a valid form of transfer of property.

A three-judge bench presided over by Justice R. V. Raveendran said that property can be lawfully transferred only through registered sale deeds.

"A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property," the bench said, after interpreting various provisions of the law concerning property sales. However, the bench said the judgment will not affect "genuine transactions" under the GPA.

The judgment delivered on Wednesday would have an impact on both freehold and leasehold properties and affect the mode of transfer of property in Delhi and the National Capital Region (NCR) where GPA sales are very common. Even though it can cause some hardship to those who have already purchased property through the GPA, the order will help curb evasion of duties, flow of black money into real estate and also save people from being cheated by unscrupulous owners selling the same property to several people.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Father does not become agriculturist if son is farmer

2) purchase agricultural land in name of individual and not firm name

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

1. Pvt. Ltd. Co. can "BUY" Agriculture Land, "ÖNLY" with the procedural permission from the district Collectors office ELSE NO.

1. Pvt. Ltd. Co. can "SELL" Agriculture Land, "ÖNLY" with the procedural permission from the district Collectors office ELSE NO.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Your father belongs to the family of agriculture through his father or brothers.

He belongs to agriculture family, hence he can produce the evidence when required for purchasing the agriculture property.

He cannot take the route of his son being a farmer.

In fact his son cannot belong to agriculture family if his own father is not an agriculturist himself.

The other local formalities may be decided based on the circumstances prevailing at your end

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Your brother can buy not father.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1) I don't think so, it will get transfer to your father's name as family tree won't run in opposite direction. Better to transfer it to private ltd company and then make your father whole sole of the company.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

You need to get the mutation done. You need to approach the sub- Registrar Office and follow due procedure to include your father's name in the same. An affidavit is also required to be executed. If they create hurdles the you need to file suit in civil court.

Prashant Nayak
Advocate, Mumbai
27274 Answers
88 Consultations

4.4 on 5.0

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