• Gifting farmland to daughter, son-in-law in Karnataka

Hi,
My father owns 2 acres of farmland in Karnataka which he purchased a few years ago. He would like to gift it now to both me (daughter) and my husband (son-in-law). Is this permitted? If so, what is the process?
Asked 5 years ago in Property Law
Religion: Hindu

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24 Answers

Dear,

Yes it is permitted.

Process is simple like sale deed, one gift deed executed by your father in favor of

joint name. Appoint one local advocate he prepare gift deed and after paid of proper

stamp duty, it will registered in your both name.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Under section 122 of the Transfer of Property Act, 1882, you can transfer immovable property through a gift deed. Like a sale deed, a gift deed contains details of the property, the transferrer and recipient. But instead of a sale consideration in a sale deed, a gift deed allows you to transfer ownership without any exchange of money. Registering a gift deed with the sub-registrar is mandatory as per section 17 of the Registration Act, 1908, and as per section 123 of the Transfer of Property Act. If you don’t do this, the transfer will be invalid.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 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 a declaration

2) your father has to make application to assistant commissioner for permission to gift such land . Asst commissioner may grant permission subject to condition that daughter ans son in law takes up agriculture within period of 1 year . if your father cease doing agricultural activities within period of 5 years land may vest in Stat govt on payment of compensation

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

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

It is legally permitted to gift any property owned by an individual to any other.

For such purposes, the father would have to execute a gift deed the respect to the said land in your as well and your husband's favour.

The gift deed should also be mandatorily registered after payment of requisite fee, in presence of 2 witnesses in SRO.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Income slab for getting the farm land has now been increased to Rs. 25 Lakh.

If you two are employed then you will have to produce the income certificate.

adress proof and ID proof along with Akarband will also be required.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Answerd by Adv kavery Anand Bangalore.. dear client yes it is permitted.....if ur father is willing to give you gift.. then meet a lawyer.. and make a gift deed and then in sub registrar office submit that gift deed and get registered on ur and Ur husband's name... From your father's name.

Pl give RATING and feedback for appreciation

Kavery Anand Pandharpurkar
Advocate, Bangalore
333 Answers
12 Consultations

Not rated

Yes, this is very much permissible.

He may transfer this land to both of you under a gift deed.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 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.

For transfer of agricultural land by means of gift deed in favour of family member District Collector / assistant /deputy commissioner may grant permission to gift the land. The permission may be granted on the fulfillment of certain conditions which may be imposed by him .

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

5.0 on 5.0

yes

through registered gift deed

Yusuf Rampurawala
Advocate, Mumbai
7512 Answers
79 Consultations

5.0 on 5.0

Firslty, the property over which any person is having title plus possession or only title also then he has all right to gift it to anyone he likes to.

Secondly, he may do so by writing a Gift deed in the favour of you both, with condition or without condition whatever he feels like.

Thirdly, there is no law which can bar him from doing so.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

1. Your father can gift it to you and your husband by executing a registered Gift Deed in favour of you to persons. However this is subject to the couple's income should not be more than Rs.25 Lakhs(other than agricultural income).

2. Even if you are not an agriculturist, you can get permission from the jurisdictional Assistant Commissioner of your intention to start agriculture within a specified period.

Shashidhar S. Sastry
Advocate, Bangalore
5116 Answers
314 Consultations

5.0 on 5.0

Dear Madam,

If your husband and his ancestors are not an agriculturists as on 1-03-1974 then get gift deed in your favor. The person acquiring agricultural land in Karnataka must satisfy the following 3 conditions.

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

Agricultural land can be bought in Karnataka after fulfilling certain requirements.

These include:

The annual average income of the person including agricultural income should be less than Rs 25 lakhs.

The person must have had an agricultural land in his name before the year 1974. The person should be an agriculturist or an agricultural worker by profession.

As per Section 79A of the Karnataka Land Reforms Act 1961, the non-agricultural income of a purchaser who must be an agriculturist should not exceed Rs 25 lakhs per year. Sale of land granted to members of scheduled caste and tribe is not allowed. Also, sale of land granted by the government is not allowed for a period of 15 years. Agricultural land can be used only for agricultural purposes and no other purposes. Utilising agricultural land for any other purpose is prohibited by law. Agricultural land, which does not come under the Green Belt, can be converted for non-agricultural purposes like residential, commercial, industrial etc, subject to the approval of the Special Deputy Commissioner on payment of the prescribed fees and subject to certain conditions.

Dear Sir,

You must satisfy the following conditions, if not then you must get a certificate showing you are agricultural labor. The later is easy because even Amithab Bachan taken such certificate to legalize his purchase of agricultural fields that is coffee estates.

(i) That he is coming from agricultural family and holding agricultural lands as on prescribed date i.e., 01.03.1974.

(ii) That his individual income is less than Rs. 2,00,000/- per annum and

(iii) That he is having source of income to purchase above agricultural land.

Agricultural land can be bought in Karnataka after fulfilling certain requirements.

These include:

The annual average income of the person including agricultural income should be less than Rs 25 lakhs.

The person must have had an agricultural land in his name before the year 1974. The person should be an agriculturist or an agricultural worker by profession.

As per Section 79A of the Karnataka Land Reforms Act 1961, the non-agricultural income of a purchaser who must be an agriculturist should not exceed Rs 25 lakhs per year.

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

KARNATAKA LAND REFORMS ACT 1961

RESTRICTIONS ON 1

[HOLDING OR]

TRANSFER OF AGRICULTURAL LANDS

[79A. Acquisition of land by certain persons prohibited.—(1) On and

from the commencement of the 3

[the Karnataka 4

[Land Reforms

(Amendment) Act, 2015]4

]

, no person who or a family or a joint family which

has an assured annual income of not less than rupees 4

[[twenty fivelakhs 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.

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

79B. Prohibition of holding agricultural land by certain persons.—(1)

With effect on and from the date of commencement of the Amendment Act,

except as otherwise provided in this Act,—

(a) no person other than a person cultivating land personally shall be

entitled to hold land; and

(b) it shall not be lawful for,-

(i) an educational, religious or charitable institution or society or

trust, other than an institution or society or trust referred to in subsection

(7) of section 63, capable of holding property;

(ii) a company;

(iii) an association or other body of individuals not being a joint family,

whether incorporated or not; or

(iv) a co-operative society other than a co-operative farm,

to hold any land.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

There are two scenario if the daughter and husband are agriculturist that is they hold a agriculture farm the property can be gifted with the registered gift deed in case they are not agriculturist in that case you have to take permission from the asst. Commissioner to gift the land under the Karnatka land reform act.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Yes. Prepare a gift deed nad regiter it duly in concerned sub registrar office.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

4.8 on 5.0

Your father can very well transfer the farm land to your names.

Since you come from agricultural descent, there should not be any problem in this regard.

For knowing the process in this regard you may approach a document writer in the local who will be able to guide you to get the gift deed registered

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

Advisable to make application to assistant commissioner for permission to execute gift deed

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

After going through your narration, the conclusion is that there is no need to get permission from the Deputy Commissioner in the instant case.

Shashidhar S. Sastry
Advocate, Bangalore
5116 Answers
314 Consultations

5.0 on 5.0

First make sure that whether RTC stands in your father's name. If RTC bears your father'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 father can gift the property in your name and in your husband name, this can be done before jurisdictional sub-registrar office. First meet an advocate to draft the Gift Deed, rest your advocate will take care. you have to pay some stamp duty and registration towards gift deed.[ it will cost you approximately 1000 to 2000 rs]

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. You, being the daughter of a Agriculturist Father, also become an agriculturist and becomes entitled to receive Agricultural land as a Gift and the same can be transferred on revenue records, by following due procedure of law.

2. Your Husband, can receive Agricultural Land, ONLY IF his parents are existing agriculturists. HOWEVER, the local district collector can grant permission to your Husband for holding Agricultural Land jointly with you.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Yes even the gift is not purchase the permission from the Asst. commissioner is mandatory then the deed can be made.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Since you belong to agricultural background and also since the gift deed is in joint name, you may not be required to obtain any formal permission from DC under the KLR act.

For the present, let the gift deed be registered on your joint names, you can continue the farming activities, by transferring the revenue records to your names, if there is any objection then you can cite the relevant laws governing this situation to clear the objections.

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

No permission is not required in this case.

Consult one local lawyer once before finalizing the things.

regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

You both are taking property jointly, so no need to take

permission in advance.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Gift can give to any person jointly . Every transaction have to take permission as per law

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

5.0 on 5.0

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