• Gifting the property to daughter in law by agriculture family

Dear Sir's,

We are from agriculture family and like to buy agriculture property in my wife name. even though my father owns lot of agriculture land, me and my wife dont have any agriculture property registered on our name. my question is can my father buy the agriculture property and gift it to my wife ( his daughter in law ). does it create any complexity ? i am the only son to my father.

Appreciate your valuable feedback.
Many thanks.
Asked 7 years ago in Property Law
Religion: Hindu

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12 Answers

it is very much valid wherein your father can be donor and your wife be donee.

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

Since your father and family is engaged in agriculture you can get an agriculturist/farmer certificate for your wife contending she is engaged in agriculture with your family and the. It can be directly purchased in her name.

Gifting agriculture land also have same requirement as it can be gifted to only a agriculturist.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Only an agriculturist can purchase agricultural land in Maharashtra

2) your wife is not an agriculturist

3) Transfer to non agriculturist barred under Section 63

No sale, gifts, exchange or lease of any land shall be valid in favour of person who is not an agriculturist. However collector may grant permission for transfer under the below mentioned conditions:

the condition for exemption applicable to wannabe agriculturists is

e) The land is required for cultivating it by a personally by a person, who, not being an agriculturist, intends to take to the profession of agriculture and to whom collector has given certificate that such person is intend to take to the profession of agriculture and is capable of cultivating land personally;

In Maharashtra, you have to get a certificate from the collector that you intend to be an agriculturists and then get the collector to exempt you from showing that you are an agriculturist by means of owning previous agricultural land.

Ajay Sethi
Advocate, Mumbai
99826 Answers
8148 Consultations

Yes your father can purchase the land and gift the same to the daughter in law

there is no legal complexity in the same.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

the stamp duty varies from state to state.

You may get in touch with a local lawyer who may give you a concrete opinion.

Yes as of now you may go ahead and purchase the property on father's name.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

let father purchase property

2) he can later execute gift deed

3) legal fees vary depending upon lawyer engaged by you

Ajay Sethi
Advocate, Mumbai
99826 Answers
8148 Consultations

The stamp duty depends upon various factors in this case. It may vary from Rs.100/- to 3% of the Circle Rate of the property. The query requires scrutiny of documents to provide exact answer.

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

Your father, if is in the agricultural background can buy the agriculture land on his name and then he can transfer it to your name or to your wife's name also since she is also one of the members of the family.

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

. getting the farmer certificate itself is taking lot of time ( 1-2 month ). for the time being shall i go ahead with father purchasing the property and once my wife considered as agricultural famil, can he gift deed ?

how much cost involved for 14lakh property to transfer as gift deed.

pls let me know.

Actually after her marriage she becomes one of the family members of your family.

Since your family is an agricultural based family, she should not face any problem in that regard, however to be on the safer side you may proceed as per your proposal.

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

Yes you can do that the property can be purchased and later gifted but then stamp duty has to be paid.

6 percent of stamp duty along with registration has to be paid for the registration of sale deed in favour of the father,

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. Agriculturist Father can buy Land and Gift it directly to his Daughter-in-Law, since now due to marriage, daughter-in-law, is classified as family member of Father. However it would be more prudent to execute a Gift Deed in name of Son & Daughter-in-Law, for futurist purposes.

2. Stamp Duty on Gift Deed by Father to Son or Daughter-in-Law, shall be Rs. 200/- and Registration Fee shall be 200/- (in Maharashtra), IRRESPECTIVE of the quantum amount of transaction, PROVIDED the same is for immovable Residential /Agricultural property only.

Keep Smiling .... Hemant Agarwal

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Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

After your wife gets certificate that she is a farmer and have agriculture land in maharashtra then only your father can transfer his purchased property to your wife.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

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