• Gift of agriculture land

My question is, my sister is married now her mother in law is farmer also, they want to gift of agriculture land to my mother but my mother is not farmer.so is it possible to getting gift from my sister's mother in law?
Asked 3 years ago in Property Law
Religion: Hindu

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13 Answers

Gift will be void. Sister MIL is not a family member of your mother, so she cannot hold agriculture land.


But she can acquire agriculturist status by firstly work with MIL.

Yogendra Singh Rajawat
Advocate, Jaipur
22590 Answers
31 Consultations

4.4 on 5.0

In Gujarat only farmer  can purchase agricultural land 

 

2) mother in law can execute will bequeathing agricultural land to her daughter in law 

3) as far as gift of agricultural land is concerned consult local lawyer 

Ajay Sethi
Advocate, Mumbai
94514 Answers
7485 Consultations

5.0 on 5.0

1. There is no bar in getting gift of agricultural land for a non farmer from a family member.

2. So your mother can be gifted with the land but since she is a non farmer she will either have to start farming of the land or sell it off.

3. But in this case your sister's mother in law is not her family member and hence restricted if such restrictions is in place in your state. 

Devajyoti Barman
Advocate, Kolkata
22774 Answers
484 Consultations

5.0 on 5.0

First of all your sister's mother in law is a stranger and third person to your mother,  hence the proposed gift deed to your mother may not be permitted by the SRO.

 Therefore first enquire about that aspect,  if it can be permitted then she can acquire the agricultural property despite being a non agriculturist. 

T Kalaiselvan
Advocate, Vellore
84709 Answers
2172 Consultations

5.0 on 5.0

- As per law, An agriculturist  cannot gift his agricultural land to a non-agriculturist through a WILL or Gift deed .

- However as per the Gujarat High Court, any person, who is an agriculturist in any part of the Country, is deemed to be an Agriculturist in Gujarat, and can buy Agricultural Land in Gujarat.

- Hence, if your mother is having any agriculture land in any part of India ,or has an agriculturist relative, then she cannot get the said agriculture land by way of Gift deed. 

- Further , as your sisters mother in law is also a relative of your mother, then by this way she is entitled to get the agriculture land by a registered Gift deed. 

Mohammed Shahzad
Advocate, Delhi
13087 Answers
195 Consultations

5.0 on 5.0

Both are illegal. 

Agricultural land is Ancestral property which cannot be gifted without the consent of all legal heirs and co- parceners. 

A farmer is entitled to have agricultural land in his/her name transferred as Land ceiling Act..

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

1. Agricultural property CANNOT be Sold /Gifted to a non-agriculturist, under any pretext.

Visit the following link, for more INFO into the matter:
https://www.lawyersclubindia.com/forum/Re-Can-Pvt-Ltd-Company-in-Maharashtra-buy-Agricultural-land-15364.asp

2. However you can circumvent the law, by making the Gift in First name of Sister and Second name of her Mother.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Yes it is possible.

Go ahead.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Then your mother should file affidavit for the same as a farmer. Then gift deed can be done

Prashant Nayak
Advocate, Mumbai
31800 Answers
175 Consultations

4.1 on 5.0

A gift deed hlcan be given. That is no problem. Purchasing an agricultural land may be an issue. But this is a gift deed.

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

Dear Sir,

The said land transfer can be done very easily and with much hassle. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

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

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Yes it is possible but with prior permission from local authorities.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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