• Gift deed

Dear Sir/Madam,
My father wants to sell an agricultural land which is in his name and construct a house by the sale proceeds. But the land where we plan to construct a house is in my name. Hence we plan to do a gift deed of the agricultural land in question for sale to myself to manage the capital gain tax.
Note that this transaction is going to take place in the state of karnataka and District Dakshina Kannada.

The following question needs clarification in this regard.
1. Will the gift deed of agricultural land is valid?
2. My annual Non Agricultural income until the FY 2018-19 was above 25L. For the FY 2019-20 it is less than 25L. Will the income clause as per the Karnataka state govt. will apply?
Please note that I also own a agricultural land since more than 25 years due to partition done with my father.
Asked 5 years ago in Property Law
Religion: Hindu

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12 Answers

gift deed of agricultural land in father name is valid 

 

2) gift deed should be duly stamped and regsitered 

 

3)  section 79 A prohibits purchase of agricultural land by any person or family who have annual income of more than Rs 25 lakhs from non agricultural sources

Ajay Sethi
Advocate, Mumbai
94658 Answers
7524 Consultations

5.0 on 5.0

Gift is permissible but you comes under prohibited income limit to hold agriculture land. Last year income will consider not of 2019-20.

But to claim exemption, your father can construct on your land, no such bar that construction should be on his own purchase land.

And income limit is for non agriculturist, you already hold status of agriculturist, only make sure gifted land + your already holding dose not cross ceiling limit to hold agriculture land.

And if land gifted to you and you sold it, you will be charged with short term capital gain, no such exemption available.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

1. If there is no restrictions of transfer of transfer of agricultural land to a non farmer then the gift deed would be very much valid.

2. Refer to local land ceiling law to find out he maximum limit of land you can hold. A local advocate who are well versed with land laws can guide you better and land laws differ in every state. 

Devajyoti Barman
Advocate, Kolkata
22809 Answers
487 Consultations

5.0 on 5.0

The rules for buying agricultural land in karnataka is very stringent. better consult local property lawyer

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1) Yes the gift deed to be executed between your father and yourself would be legally valid. Even if this involves the transfer of agricultural land in your favour by way of gift.

2) Since you have been holding agricultural land for more than 25 years and you are an agriculturist, the ceiling or limitations imposed by the government for purchase of agriculture land does not apply in this case. Hence there is no bar.

Alternatively you can gift the land where you plan to construct the house after the sale of the agriculture land into the name of your father, in this case, he can sell the agricultural land and out of the sale proceeds directly invest it in the land (to be gifted by you) and once the house is constructed, he can re-gift the land along with building back to you.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

1. Yes the agriculture land can be gifted.

2. See since you already own agriculture land the income criteria shall not apply to you therefore the gift is valid. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. Sir father if constructing the house in your name without gifting you agriculture land he can enter into a construction and development agreement with you and he can construct the house on land in your name and claim exemption. 

2. See there is ceiling limit for agricultural land in every state that is amount of agriculture land one can hold in this condition after gift the total land of agricultural land in your name should not cross the ceiling limit. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

The Mumbai ITAT (Income Tax Appellate Tribunal), Karnataka High Court has ruled this. CA is uninformed. Fatehr can invest on construction on your name.

Income limit of 25 lacs is for non agriculturist to purchase argi land. You are already holding agri land and your father too. 

I think you must be holding agriculturist status ?

Ceiling limit - A class land10 acres and D class land 54 for individual. Living with family 20 acres.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

1. Yes you can do the same. 

2. Income limit is non agricultural buying the agricultural land and after the amendment the same is relaxed

 

Prashant Nayak
Advocate, Mumbai
31911 Answers
179 Consultations

4.1 on 5.0

Since you are an agriculturist yourself and also you belong to an agriculture family, there may not be any issue if your father transfers the proeprty by executing a gift deed to your name.

However to construct a house proeprty in the agricultural land you may have to convert it into NA by applying for DC conversion and adhering similar other formalities in this regard.

T Kalaiselvan
Advocate, Vellore
84859 Answers
2188 Consultations

5.0 on 5.0

Agricultural land in Rural Area in India is not considered a capital asset.

Therefore any gains from its sale are not taxable under the head Capital Gains. ...

Under Section 10(37) of the Income Tax Act,Capital Gains on compensation received on compulsory acquisition of urban agricultural land is exempt from tax.

 


Conditions you need to meet Under Section 54B for claiming exemption from Capital Gains

  • The exemption is available to an Individual or a HUF.
  • The land which is being sold must have been used for agricultural purposes by the individual or his parents or by the HUF for a period of 2 years immediately before the date of transfer.
  • Another land for the agricultural purpose should be purchased within a period of 2 years from the date of transfer of this land.
  • The new agricultural land which is purchased to claim capital gains exemption should not be sold within a period of 3 years from the date of its purchase.
  • In case you are not able to purchase agricultural land before the date of furnishing of your Income Tax Return – the amount of capital gains must be deposited before the date of filing of return in the deposit account in any branch (except rural branch) of a public sector bank or IDBI Bank according to the Capital Gains Account Scheme, 1988. The exemption can be claimed for the amount which is deposited.
  • If the amount which was deposited as per Capital Gains Account Scheme was not used for the purchase of agricultural land – it shall be treated as the capital gain of the year in which the period of 2 years from the date of sale of land expires. Of course, in this case, you can withdraw these amounts for any use you may want.

Amount of exemption:

  • If the cost of the new agricultural land purchased is more than the number of capital gains, entire capital gains are exempt.
  • If the cost of the new agricultural land purchased is less than the number of capital gains, Capital Gains less cost of the new agricultural land = capital gains chargeable to tax

T Kalaiselvan
Advocate, Vellore
84859 Answers
2188 Consultations

5.0 on 5.0

Dear Client 

  1. Yes you can get the agriculture land by gift deed from your father.  But by that you cannot Get extemption from the capital tax as when you sell the land it will be taxable on your account. 
  2. Before getting the land through gift deed ensure that the agricultural land you aquire doesn't exceed the ceiling limit of your area. And I don't think the income clause as per state govt applies on you as you already own the agricultural land 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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