Your brother can execute will bequeathing agricultural land to you
will should be attested by 2 witnesses
I wants to purchase agriculture land. But my question is elder brother can transfer agriculture land to his younger brother by will.
Your brother can execute will bequeathing agricultural land to you
will should be attested by 2 witnesses
Dear sir,
As per your query, i understand that your elder brother is the owner of the property which is a agricultural land.
So, being the owner of the property, he is empowered by the Indian succession Act, 1926 that he can create an interest in the property by executing the will in your favor. That will be termed as testamentary succession. supposedly, If he dies without executing any will, the property will devolve as per intestate succession, ie division of shares to the coparcaners.
so, the answer to your query is that, YES he can transfer the agricultural land in his name by will. provided, it shall be his last and final will. (better option is to get the will registered)
1. Whose land is it?
2. If your elder brother is the owner of the land then he can surely bequeath it to anyone through will. A will comes into operation only after the lifetime of testator.
If both the brothers are agriculturist then the elder brother can transfer the agriculture land to younger brother by will. But keep few things in mind that will shall be effective after elder brothers demise and he can change it also in his life so in this case gift is better option then the will.
1. Blood Relations (Brother to Brother) are inherent agriculturists. Hence elder Brother can WILL /GIFT /Donate /Transfer, agricultural land to younger brother.
2. However, the elder brothers WILL will be effective only after his demise. He can immediately transfer the land (full /part) via a registered Gift Deed to the younger brother.
Yes it is possible to transfer agricultural land to younger brother by virtue of will provided elder brother father is agriculturist.
Dear Sir,
Yes, he can transfer agricultural land to his younger brother.
Transferring a property through an unregistered document shall not be valid in the eyes of law. If the property was purchased on elder brother name by a registered sale deed document, it becomes elder brother duty to execute a registered gift deed or a settlement deed or Will in his younger brother favor which shall be the legally valid of transferring the property on his name as per elder brother desire. There is legal validity for a document which has not suffered the stamp duty and registered properly with the registrar's office on such issues.
Dear Client,
Anyone may make a will. But will is effective only after the death of the person who makes a will. If your brother is alive, get the property transfered by a Transfer Deed in your name instead of will.
Yes a person who is owner of property can write will in favor of anyone.
So yes elder brother can transfer property by will to his younger brother.
Yes, he can transfer the property by Will, but it can be enforced only after his lifetime and not before that.
If you want immediate benefit then you may get a registered settlement deed in your favor which is also an effective mode of transfer.