Mutation has to be done in name of legal heirs
2) legal heirs would be joint owners of agricultural land
3)as far as sub division is concerned apply to authorities for sub division of land
Inheritance of Farm land in Gujarat
About 10 acre of agriculture land is situated in a village near Navsari , Gujarat. The land is inherited by four late brothers and a late sister and only. The sister relinquished her rights a long way back. None of them are alive. It is legally under the name of four brothers. All four brothers are deceased and the land tile has not been officially changed to their spouse. The issue is that there is a family dispute. Nine children wants a share of land are NRI's. The land is maintained and income is earned one son who lives in India. The questions is that it works out an average less than 0.3 acre land would be given to each of them if the courts allows the division. Would the government allow to divide the farm in small pieces with so many NRI's who greedy and wants to use their power money to get their share through legal system.
Asked 3 years ago in Property Law
Religion: Hindu
8 Answers
My wife is one who is not interested the land, share of any issues. Let the people in India enjoy their money who works very hard in the farm for their living
Asked 3 years ago
If your wife is one of legal heirs she can relinquish her share in land by execution of registered relinquishment deed
Section 8 of Bombay Prevention of Fragmentation and Consolidation of Holdings Act,1947 applicable to State of Gujrat specifically provides that, “no land in any local area shall be transferred or partitioned so as to create a fragment.” No Court will allow such partition in violation of statutory provision of law.
There is no restriction in NRI inheriting agricultural land in India.
The inheritance may be a small pocket of land too.
If the property is indivisible then the court may decide to bring it to auction sale and distribute the consideration amount to the shareholders equally as per their proportionate entitlement.
Whether your wife is not interested or interested to inherit her share in the property, the court will not be interested to know about her interests.
If she wants to claim her share then she can represent before court to stake her claim.
In the event she is not participating in the court proceedings, then her share in the property will remain as it is and cannot be taken away by other shareholders without her consent or willingness.
Alternately if your wife wants to give away her share in the property to anyone, she may transfer the same by executing a registered gift deed in favor of the person chosen by her.
Yes the share will be equal. It can be, kept undivided and processed accordingly
Dear Client,
An NRI can inherit any immovable property in India, whether it is residential or commercial — and even agricultural land or a farmhouse (which they are otherwise not entitled to purchase).
Hope this clarifies your query and requirement.
Thank you.
Dear Client,
NRIs can certainly bequeath property to their legal heir/s or any one of their choice via a Will. An NRI can inherit any immovable property in India, whether it is residential or commercial — and even agricultural land or a farmhouse (which they are otherwise not entitled to purchase).
Thank You.