• Regarding agriculture land transfer by will

I wants to purchase agriculture land. But my question is elder brother can transfer agriculture land to his younger brother by will.
Asked 5 months ago in Property Law from Surat, Gujarat
Religion: Hindu

Your brother can execute will bequeathing agricultural land to you 

 

will should be attested by 2 witnesses 

Ajay Sethi
Advocate, Mumbai
66996 Answers
4045 Consultations

5.0 on 5.0

Yes. no prohibition

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

Yes he can transfer. There is no legal impediment in the same 

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

Dear sir, 

As per your query, i understand that your elder brother is the owner of the property which is a agricultural land.

So, being the owner of the property, he is empowered by the Indian succession Act, 1926 that he can create an interest in the property by executing the will in your favor. That will be termed as testamentary succession. supposedly, If he dies without executing any will, the property will devolve as per intestate succession, ie division of shares to the coparcaners. 

so, the answer to your query is that, YES he can transfer the agricultural land in his name by will. provided, it shall be his last and final will. (better option is to get the will registered)

Yuganshu Sharma
Advocate, Delhi
128 Answers
1 Consultation

5.0 on 5.0

yes he can transfer the said land through will but you need to be a farmer.

Prashant Nayak
Advocate, Mumbai
12939 Answers
23 Consultations

4.6 on 5.0

1. Whose land is it?

2. If your elder brother is the owner of the land then he can surely bequeath it to anyone through will. A will comes into operation only after the lifetime of testator.

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

If both the brothers are agriculturist then the elder brother can transfer the agriculture land to younger brother by will. But keep  few things in mind that will shall be effective after elder brothers demise and he can change it also in his life so in this case gift is better option then the will.

Shubham Jhajharia
Advocate, Ahmedabad
19365 Answers
76 Consultations

5.0 on 5.0

1.  Blood Relations (Brother to Brother) are inherent agriculturists.  Hence elder Brother can WILL /GIFT /Donate /Transfer, agricultural land to younger brother.

2. However, the elder brothers WILL will be effective only after his demise.  He can immediately transfer the land (full /part) via a registered Gift Deed to the younger brother.

Hemant Agarwal
Advocate, Mumbai
2430 Answers
14 Consultations

5.0 on 5.0

Yes it is possible to transfer agricultural land to younger brother by virtue of will provided elder brother father is agriculturist.

Rushi Siddharth Vakil
Advocate, Surat
7 Answers

Not rated

Your brother can execute will bequeath it to anyone. 

Mohammed Mujeeb
Advocate, Hyderabad
10261 Answers
3 Consultations

4.5 on 5.0

Your brother can execute will in your favour bequeathing the agricultural land. 

Siddharth Jain
Advocate, New Delhi
4785 Answers
52 Consultations

5.0 on 5.0

Dear Sir,

Yes, he can transfer agricultural land to his younger brother.

Transferring a property through an unregistered document shall not be valid in the eyes of law. If the property was purchased on elder brother name by a registered sale deed document, it becomes elder brother duty to execute a registered gift deed or a settlement deed or Will in his younger brother favor which shall be the legally valid of transferring the property on his name as per elder brother desire.  There is legal validity for a document which has not suffered the stamp duty and registered properly with the registrar's office on such issues.

Netravathi Kalaskar
Advocate, Bengaluru
3178 Answers
14 Consultations

5.0 on 5.0

Dear Client,

Anyone may make a will. But will is effective only after the death of the person who makes a will. If your brother is alive, get the property transfered by a Transfer Deed in your name  instead of will.

Jaswant Singh
Advocate, Gurugram
576 Answers
2 Consultations

4.8 on 5.0

Yes a person who is owner of property can write will in favor of anyone. 

So yes elder brother can transfer property by will to his younger brother.

Mohit Kapoor
Advocate, Rohtak
3598 Answers
1 Consultation

5.0 on 5.0

Yes, he can transfer the property by Will, but it can be enforced only after his lifetime and not before that.

If you want immediate benefit then you may get a registered settlement deed in your favor which is also an effective mode of transfer.

 

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

  1. Yes, there is no hurdle in doing so, in fact there is no prohibition by law also.
  2. But, the only condition should be there is that the brother in whose favour land would go, should be engaged in the farming of the land so given.
  3. He should also be a person with identity as a farmer or being the member of the farming family ( which he is as per the information mentioned above in the query).

Sanjay Baniwal
Advocate, South Delhi
4895 Answers
11 Consultations

5.0 on 5.0

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