Prior permission will require to acquire agriculture land. Whether by of gift or sale.
Or convert it first than no issue.
Agriculture land gift to register trust
I am trustee in one trust where we are getting one agricultural land as gift from some one. My question is whether register trust can take agricultural land as gift or need to make it n.a befor. This land in true sense can not be use as agricultural purposes.
Asked 4 years ago in Property Law
Religion: Hindu
10 Answers
charitable trust can be gifted agricultural land
2) gift deed should be stamped and registered
Yes you can take gifts in a trust as long as you fulfill the obligations objectives and responsibilities of the trust.
To my knowledge a trust cannot sell its properties without sanction of the Charity Commissioner
there is no restriction in the Maharashtra Public Trust Act that i have come across which says that a trust cannot accept any property as a gift
i have also not come across any provision in the act which says that a trust cannot accept as gift an agricultural property
Yes trust can take the land as gift.
Thanks
- As per law, now a Trust can receive an agriculture land as gift, supported by the proper Gift Deed.
- As per Section 62, as the gift made to a trust is irrevocable , hence the income becomes the income of the Trust ,after getting the same .
- Hence,your trust can get the said agriculture land without any prior permission of the government/DC.
It can be only taken if it's taken for farming. A non agricultural object trust cannot accept gift of agricultural land
Yes, trust can accept gift deed . As per Section 123 of the Transfer of Property Act, a gift of immovable property cannot pass any title to the donee unless it is registered. Attestation by two witnesses is required during registration and post registration, title transfer is possible.
There is no legal impediment in accepting the agricultural land as a gift by a trust
As per the Transfer of Property Act, 1885, Section 122 of the Act, defines gift as "gift is the transfer of certain existing movable or immovable property made voluntarily and without any consideration by one person called donor (one who gives the gift), to another called the donee and accepted by or on behalf of donee (one who receives the gift).
1. Yes agricultural land can be gifted to trust.
2. It will be better if gift taken after change of land use to non agricultural land because after taking gift as Trust it may be difficult to change the land use.
