Dear Sir/Mam, In my family, my late grandfather has four sons and daughters. I would like to ask which is the best law to look after my grandfathers ancestors property by his elder son who is a farmer alone in the family. He looks after the entire property on be half of my grandfathers HUF. Which would be the law other then "Power of Attorney", where he can manage all accepts of power as a farmer only, to avail the govt schemes, farmer loans, and subsidy to buy agricultural products under the individual farmer name without any benefits of other siblings regarding their own business, job or annual income. * Elder son needs to make a NOC only for agriculture purpose and development of land. He should not be able to sell or modify the current status of land. * Need not take permission/ signature from family member in future regarding any government scheme or loan (as specially in state owned cooperative banks where getting agri-loan for joint family land records is more difficult). * What will be the changes made in the RTC Form ? * Will he be considered as a separate individual farmer for agriculture purpose in land records or a head of the family.
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1) As a HUF he can registered a farmer under HUF scheme and take benefits of farmers and all government scheme.
2) As a Karta of the HUF, he does not have to take permission from other siblings regarding to avail any government scheme or make any HUF rules in the family.
1. The schemes shall be according to terms and condition of the scheme the name in the RTC cannot be changed without selling and in most of schemes the benefit is as per the RTC record only.
1) on grandfather demise his 4 sons and daughters are legal heirs
2) apply for mutation of property in legal heirs name
3) execute specific POA in favour of elder son for managing the property
HUF is a good form of legal entity for the same
All children have equal share and without their permission, his ownership restricted to 1/8th share only. BUt since this is HUF and not dissolved so eldest son being Karta of HUF, dose not require any one permission and for the benefits of HUF can proceed to to avail the govt schemes, farmer loans, and subsidy to buy agricultural product.
Individual benefits not permissible.
Your uncle can do it only on being authorised by all the family members of the HUF by executing a GPA deed on his name to perform this task on behalf of all the members of the HUF
He can alternately get his share of property partitioned and can take care of his share of property alone if he wants to do it individually.
Dear Sir/Mam, Regarding the GPA, if agreement is done by full majority through all the members of property to provide full rights to elderson in the HUF as "Karta", what is the valid duration of that GPA (whether 6 months, 1 year, 5 year or so) or in which circumstances does the GPA gets invalid.
There is no validity period of GPA
it ceases on death of principal who gave the POA
GPA once given is never jnvalid it has to be registered or if the siad GPA itself binds it under some time duration