• Family Settlement deed for land

Hi
My father is from U.P. and mother is from H.P. , we are living on mother's land in Shimla. it is agriculture land and my family  harvest on that land. Now my mother want to give her land to me and my brother. But the Tehsildar, Patwari and other staff there are saying that this is not possible because our father belongs to other state, and due to this we are also not the agriculturist oh H.P.
So now they are neither issuing the Agriculture certificate nore doing Intakal for that land.
kindly advise please what to do
Regard's 
Nitin Sharma
Call 09816879598
Asked 2 months ago in Property Law from Shimla, Himachal Pradesh
Religion: Hindu
your mother is absolute owner of land and resident of HP 

2) merely because she married your father who is from another state does not mean that she cannot execute gift deed in favour of her children for land owned by her 

3) you should contact a local lawyer and in case authorities are refusing to permit registration of gift deed should move court for necessary relifs
Ajay Sethi
Advocate, Mumbai
23290 Answers
1219 Consultations
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Your mother can register the property in favour of you by creating Gift deed or settlement deed. Selling of agricultural land to a non agriculturist is not easy but the transfer of right to childrens /husband is not bared bylaw.

Consult a local lawyer.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
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file writ petition in HC against refusal of authorities to register gift deed in favour of sons 

2) sons have been bought and brought up in HP and have identity and residence proof of HP 

3)refusal of authorities to regsiter gift deed from mother in favour of sons is unsustainable 
Ajay Sethi
Advocate, Mumbai
23290 Answers
1219 Consultations
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HP cabinet amends rules for land acquisition under section 118 of HP Tenancy and land reforms act, 1972:
The amended Rule provides that for all purposes, other than for a dwelling unit or shop, any non-agriculturist seeking to acquire land with permission under section 118 of Himachal Pradesh Tenancy and Land Reform Act 1972, shall need an essentiality certificate (EC) from the concerned department that will certify his eligibility, purpose for which the land is required and also NOCs from all relevant departments and authorities, including the local bodies and after ensuring adherence to any guidelines of the department, under Rule 38-A of the HP Tenancy and Land Reforms Rules. 

For non-Himachalis the rules to acquire agricultural land is very strict hence you may try to take assistance of a local consultant to see if any loophole works for you.


T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
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 A non-Himachali cannot buy agricultural land. Since the economy of the state is agricultural/ horticultural driven, Himachal Pradesh has certain provisions under which non-Himachal residents and non-Himachal agriculturists cannot buy agricultural land in Himachal even if you want to start your farm or build your farmhouse.

However this is a settlement transfer from a mother to her own children, for this you may have to establish the fact sh is Himachali and your father had been staying or residing there for over  30 years. 
The rule for purchase says that :
You first need to clearly determine the purpose why you intend to purchase or acquire under Rule 38 A (3) of Himachal Pradesh Tenancy & Land Reforms Rules 1975. The permissible limits for building a residential house is 500 square meters and an area not exceeding 4 acres for agricultural or horticultural purpose.  
Whereas your case is transfer by settlement hence the rules for purchase canot be strictly followed in your case. 
For more information you can also visit the following websites:

(i) Department of Town and Country Planning, Himachal Pradesh (http://himachal.gov.in/tcp/)
Chapter 10 of Section 118 of Himachal Pradesh Tenancy & Land Reforms Act (http://himachal.gov.in/tcp/chap10.htm)
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0

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