Yes, NO permission require. Stamp duty will pay on gift deed (registration is compulsory).
You can buy even now if your annual income is less than 25 lacs.
Gifting of agricultural land between cousin sisters
My mother was born in 1940 in Honnavar, Karnataka and she came to Mumbai in 1965 (after her marriage) and has been an house wife. Her cousin sister and her (cousin sister's) sons, staying in Honnavar, are involved in farming and are interested in gifting a piece of agricultural land to my mother. My question: My mother, staying in Mumbai as a housewife for last 50 years, can she accept the agricultural land as a gift. Would there be any legal hindrances in it. Any specific documentation/permission required. Stamp duty & registration expenses involved. And once my mother accepts the gifted land will I be able to buy agricultural land in Karnataka.
Asked 6 years ago in Property Law
Religion: Hindu
13 Answers
INHERITANCE AND BEQUEST
SECTION 79A (3) TO (6)3. Every acquisition of land otherwise than by way of inheritance or bequest in
contravention of this section shall be null and void
4)section 80 of karnataka land reform act bars non agriculturist from being gifted agricultural land in karnataka .
See if mothers is not.agriculturist in karnataka she cannot he gifted agricultural land by her sister.
She can accept it only if her family income ceiling is less than 25 lakhs pa. Yes registered gift deed is required. No other permission required. For you buying the same criteria of 25 lakhs is applicable
1. For detailed understanding on your issues, kindly prefer to visit the following link:
2. Owning any Agricultural land (by way of Sale /Purchase /Gift /Release /Relinquishment Deeds), by an non-agriculturist is barred by law, except with the written permission of the local district collector office.
Thanks to all the answers, though they are in two different directions. My question to Ajay Sethi : In 2015. An amendment was made to Section 79, 80 and 109 of Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962), for the following reasons, :- (1) to enhance the annual income limit from two lakh to twenty-five lakhs from sources other than agricultural lands to acquire any land taking into consideration the revision of rupee value since 1995; (2) to empower Deputy Commissioner instead of Assistant Commissioner to grant permission for non agriculturist to purchase agriculture land under section 80 to take more caution while granting such permissions; (3) to enhance the power of the Government and the Deputy Commissioner excisable on behalf of the Government to grant the land in any area to exempt from the provisions of section 63, 79A, 79B of the Act. Would these amendments help in my case or my mothers case. And if there are any other conditions to it.
Asked 6 years ago
Section 80 of the act and amendment bars transfer by way of gift under the act to non agriculturist.
You can take approval from the Deputy commissioner show the DLC rate as purchase price and can buy the land after approval is received if the family income is below 25 lakh.
Yes it will surely help you and your mother
The amendment empowers deputy commissioner to grant permission for purchase of agricultural land . It does not cover gift of agricultural land to non agriculturist
better option would be for cousin sister to bequeath agricultural land to your mother by will
will should be attested by 2 witnesses
take permission from the Assistant Commissioner of the District to alienate the agricultural property into her name.
Point is favorable to you.
In my opinion, the agricultural land cannot be transferred to a non-agriculturist by a registered gift deed in Karnataka state.
However there is no restrictions to inherit the agricultural land.
In any case you can go ahead to get the property transferred to your mother's name by the proposed gift deed.
After the execution of the registered gift deed in her favor she can transfer the property to your name by a registered settlement deed.
For doing the agricultural activities you can do it as a tenant without acquiring the property's title to your name also.
The referred sections or provisions of law would enable a non-agriculturist to buy the agricultural land in Karnataka with the enhanced financial limit of the purchaser.
it is true that for purchase of agricultural land annual income limit has been raised from Rs 2 lakhs to Rs 25 lakhs.
If you have a background of the agriculturist and can show yourself as a farmer then it will be advantageous for you.” The Karnataka Land Reforms Act, 1961, which initially restricted non-farmers to buy land was later amended in 1995, and allowed those with an annual income of less than Rs 2 lakh to buy.
An institution or a society can buy land without seeking exemption under Section 109 with prior government approval.
1. No they cannot gift the agricultural property to your mother if she is not agriculturist.
2. They need to obtain permissions from deputy commissioner before gifting the property to a non agriculturist family.
