• Agricultural land gift/sale

As of now she doesn't inherit any agricultural land.
Now, the land owned by her father has already been transferred amongst three brothers. Another piece of land purchased in the name of younger brother is proposed to gift as the complete share against the total properties including house property etc.

Seconly, in order to avoid any claim in future from brothers family:
"Does law consider her an Agriculturist and permit her to purchase a land from own brother by paying applicable stamp duty.

Will the gross income of family higher than limit affect in any manner

Please advise..
Asked 4 years ago in Property Law
Religion: Muslim

3 answers received in 2 hours.

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10 Answers

1) on demise of father daughter has one fourth share in property

2) daughter can apply to revenue authorities to set aside mutation as she has equal share in property

3) once property is mutated in her name she would be an agriculturist and brother can sell or gift her any property

4) she can relinquish her share later in other property

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

1. She is an agriculturist by birth which entitles her to acquire agricultural land as per law.

2. To be eligible for acquiring agricultural land in the State of Karnataka, she shall have to be an agriculturist in Karnataka having income of less than Rs. 2 lakhs per year from her non -agricultural resources.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

Since on demise of the father she has equal share along with the brothers, the name can be mutated in the land records the property then brother can sell.or gift property to her later if she wish can gift her share to three brothers.

The amendment in land records can be made and a agriculturist certificate from tehsil dar can be obtained.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

According to Karnataka Land Reforms (Amendment) Bill, 2015, the income limit for non-agricultural persons to purchase agricultural land in Karnataka has been increased from Rs. 2 lakh to Rs. 25 lakh.

The deputy commissioners of districts have been granted powers to grant permission for non-agriculturists to purchase agricultural land under Section 80 of the Act.

However, there are still restrictions in the form of permissions granted for person’s conditions such as:

(i) that the transferee shall take up agriculture within one year from the date of acquisition of land, and

(ii) that if the transferee gives up agriculture within five years, the land shall vest in the State Government subject to payment to him of an amount equal to eight times the net annual income of the land or where the land has been purchased, the price paid for the land, if such price is less than eight times the net annual income of the land.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Yes, she can purchase land from anyone. Won't worry. Stamp duty will be as per rules applicable in your state.

Jaswant Singh
Advocate, Gurugram
926 Answers
2 Consultations

4.8 on 5.0

She will be an agriculturist if she continues to be.

Prashant Nayak
Advocate, Mumbai
27289 Answers
88 Consultations

4.4 on 5.0

There are a couple of ways you can do this viz you can get the Farmer / Agriculturist status from the collector of the location in which you are interested to buy Land, needs liasioning through a local or there are certain Locations in India where you can buy Agricultural land in India without being a farmer.

Person of Indian origin, overseas citizens and NRIs cannot buy agricultural land, plantation or farmhouses in India. ... Depending on which state in India you are buying agricultural land in, you will need to ascertain whether you are eligible to own one in the particular state.

If she is a resident Indian, she can buy the property by registered sale or gift deed from her siblings.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Yes. She would be treated as an agriculturist by law, since she belongs to an agricultural family, even if she is married to an non agricultural family.

She can also buy agricultural land from her brother by way of a registered release deed, but the criteria is that she have to be an agriculturist in Karnataka having income of less than Rs. 25 lakhs per year from her non -agricultural resources.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

She also has a rightful one-fourth share in her father's estate by law and can challenge the said mutation of property within the brothers.

Subsequently, her name would be added in the mutation records.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

She can buy from her brothers, Individual income takes into consideration not of family.

And she has been disinherited by father, so in this case she will in no way inherit agriculture property, so not an agriculturist,

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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